IN RE: ELIGIBILITY OF PHILIP RICHARDS,
Protest Decision 2006 ESD 45
Issued: January 14, 2006
OES Case No. E-06-005-010606-HQ
Sylvia Garza, president of Local Union 630, 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"). The protest alleged that Philip Richards is ineligible to run as a candidate for delegate to the 2006 Convention.
Election Supervisor representative Steven R. Newmark investigated this protest.
Findings of Fact:
At Local 630's nomination meeting held January 3, 2006, Philip Richards was nominated to run for delegate to the 2006 IBT Convention. Protestor Garza asserts that Richards is ineligible for such nomination for two reasons: 1) he has not maintained membership in continuous good standing, and 2) the member who seconded his nomination, Dan Diplock, was ineligible to nominate or second a candidate for delegate.
TITAN records show that Richards was on withdrawal status from November 2003 through January 2004 and, further, that he failed to pay his dues timely for the months of February, October, and November 2004. Richards conceded these points to our investigator.
Dan Diplock's TITAN records show that he has not paid his December 2005 dues.
Analysis:
Article VI, Section 1(a) of the Rules states that "[t]o 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."
Article II, Section 5(h) further states that "[t]o be eligible for nomination, a member must be nominated and seconded by a member in good standing, each with his/her dues paid through the month prior to the nominations meeting …"
As Richards' TITAN records show untimely dues payments in several of the twenty-four months at issue, he is ineligible under Article VI of the Rules to run for delegate.
Even had Richards satisfied the membership in continuous good standing requirement, his nomination would fail because it was seconded by a member who had failed to pay his dues in the month preceding the date the nomination meeting was held.
Accordingly, we GRANT the protest and hold Philip Richards INELIGIBLE to run as a candidate for delegate.
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. 20006, 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
2006 ESD 45
DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001-2198
Email: braymond@teamster.org
Sarah Riger, Staff Attorney
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001-2198
Email: sriger@teamster.org
David J. Hoffa
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
Stefan Ostrach
1863 Pioneer Parkway East, #217
Springfield, OR 97477-3907
saostrach@gmail.com
Sylvia Garza, President
IBT Local Union 630
750 South Stanford Avenue
Los Angeles, CA 90021-1468
Phillip Richards
1416 Monterey Avenue, Apt. A
Monrovia, CA 91016
Dan Diplock
15126 Alderpoint
La Miranda, CA 90638
Steven R. Newmark
1725 K Street, NW Suite 1400
Washington, DC 20005
Email: snewmark@ibtvote.org
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com