IN RE: ELIGIBILITY OF DAVID MANOLIS, Local 391
Protest Decision 2005 ESD 40
Issued: December 27, 2005
OES Case No. P-05-052-121905-HQ
David Manolis, a member of Local 391, has filed an eligibility protest pursuant to Article XIII, Section 2(b) of the Rules for the 2005-2006 IBT International Union Delegate and Officer Election ("Rules"). He alleges that, contrary to the Election Supervisor's determination, he is eligible for election as delegate to the 2006 Convention under the Rules.
Election Supervisor representative Steven R. Newmark investigated this protest.
Findings of Fact:
TITAN records show that David Manolis' dues were not timely paid for the months of September and October 2004.
Manolis was injured on the job in December 2003. He continued to work on restricted duty until he underwent surgery for this injury in September 2004; thereafter, he remained on sick leave until March 2005.
Local 391's bylaws require the local to pay the dues of a member on sick leave for a period up to six months. The relevant bylaw reads as follows:
[S]ick members dues[.] [U]pon notification of a member being out of work because of sickness or any kind of disability that is in good standing at the time of his or her sickness or disability, that the local union pay said membership dues to and not to exceed thirteen consecutive weeks out of the treasury, then that they continue to be paid to the extent that it will not exceed an additional 13 weeks for a total of 26 weeks (6 months). These dues are to be paid if a member is out for a period of at least 30 days.
Article XXXVIII, Section 2.
Manolis claims that he spoke to Sheila Combs, a clerical employee of Local 391, on or about August 30, 2004 to inquire about what he needed to do to ensure that his monthly dues would be paid by the local pursuant to the bylaws. According to Manolis, Combs assured him that he simply needed to call each month to inform the local he was not working.
Manolis claims that, beginning in September 2004, he called the local each month as instructed by Combs. In November, Manolis states that Combs told him that she had failed to post his good standing status in TITAN for the preceding two months but that she remembered his calls and would take care of it. Combs then sent Manolis a form that documented his eligibility for dues payment under the bylaws; Manolis promptly completed and returned the form. Thereafter, the local paid his dues for the months of November and December 2004, and January and February 2005.
Manolis was later told that he had failed to maintain his continuous good standing because he completed the form in November 2004, not September as he should have. Manolis says he first learned of the form in November 2004.
Combs told our investigator that she does not recall speaking with Manolis prior to November 2004. Combs stated that her intake for these situations is routine: she always tells people who call with this request, "I am sending you a letter which must be completed and sent back before [the local will] pay sick dues." Upon speaking to Manolis in November 2004, Combs sent him the letter; the letter was dated November 30, 2004.
Manolis did not produce phone records to substantiate his claim that he called the local in September and October. However, he states that he made the calls using a phone card, for which no such documentation exists.
In the past several years, four other members of Local 391 invoked the sick dues provisions of the bylaws in a timely fashion and were ruled eligible to run in local officer elections. One of those members, Brian Ferguson, ran against the current local officers. In each of these instances, Combs sent the sick dues letter immediately upon learning that the member was commencing extended sick leave.
Analysis
Under Article VI, Section 1 of the Rules, "to be eligible to run for any Convention delegate, alternate delegate or International Officer position, one must: (1) be a member in continuous good standing of the Local Union, with one's dues paid to the Local union for a period of twenty-four (24) consecutive months prior to the month of nomination for said position with no interruptions in active membership due to suspensions, expulsions, withdrawals, transfers or failure to pay fines or assessments; [and] (2) be employed at the craft within the jurisdiction of the Local Union for a period of twenty-four (24) consecutive months prior to the month of nomination."
Local 391's bylaws require the local to pay the member's monthly dues obligation "upon notification" of the member's extended sick leave. The provision does not specify whether such notification must be oral or written.
After extensive review, we find that Manolis first notified Local 391 of his request for payment of his dues in November 2004. Our conclusion is compelled by three discrete findings. First, the regular practice of the local, applied uniformly to supporters and opponents of the incumbent administration, is to document promptly a member's request for payment of dues while on sick leave; such documentation in this case occurred on November 30, supporting the conclusion that Manolis' request was first made on that date. Second, the local's bookkeeper recalls no contact with Manolis prior to November 30. Finally, aside from his statements to our investigator, Manolis has offered no evidence to support his position.
The IBT Constitution and the Rules place the obligation to remit timely monthly dues squarely upon the member. Where the member seeks a benefit that will excuse such payment for a period of time, it is the member's burden to prove that he took reasonable and necessary steps to access that benefit. Here, Manolis has not sustained that burden.
Accordingly, we DENY this protest and hold Manolis INELIGIBLE because of the failure to pay timely dues in September and October 2004.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within two (2) working days of receipt of this decision. The parties are reminded that, absent extraordinary circumstances, no party may rely upon evidence that was not presented to the Office of the Election Supervisor in any such appeal. Requests for a hearing shall be made in writing, shall specify the basis for the appeal and shall be served upon:
Kenneth Conboy
Election Appeals Master
Latham & Watkins
Suite 1000
885 Third Avenue
New York, New York 10022
Fax: (212) 751-4864
Copies of the request for hearing must be served upon the parties, as well as upon the Election Supervisor for the International Brotherhood of Teamsters, 1725 K Street, N.W., Suite 1400, Washington, D.C. 20007-5135, all within the time prescribed above. A copy of the protest must accompany the request for hearing.
Richard W. Mark
Election Supervisor
cc: Kenneth Conboy
2005 ESD 40
DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):
Patrick J. Szymanski
General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, D.C. 20001
pszymanski@teamster.org
Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
braymond@fwslaw.com
David J. Hoffa, Esq.
Hoffa 2006
30300 Northwestern Highway, Suite 324
Farmington Hills, MI 48834
David@hoffapllc.com
Barbara Harvey
645 Griswold Street
Suite 3060
Detroit, MI 48226
barbaraharvey@comcast.net
Ken Paff
Teamsters for a Democratic Union
P.O. Box 10128
Detroit, MI 48210
ken@tdu.org
Judith Brown Chomsky
P.O. Box 29726
Elkins Park, PA 19027
jchomsky@igc.org
Stephen Ostrach
1863 Pioneer Parkway East, #217
Springfield, OR 97477-3907
saostrach@gmail.com
David Manolis
510 East Second Avenue
Chadbourn, NC 28431
dmanolis@ec.rr.com
Jack Cipriani, President
IBT Local Union 391
P.O. Box 35405
Greensboro, NC 27425
Bob Baptiste
Baptiste & Wilder
1150 Connecticut Avenue, N.W.
Suite 500
Washington, D.C. 20036
bapwild@aol.com
Steven R. Newmark
1725 K Street, NW Suite 1400
Washington, DC 20005
snewmark@ibtvote.org
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com