IN RE: ELIGIBILITY OF JEFFREY DUNCAN, Local 614
Protest Decision 2006 ESD 55
Issued: January 26, 2006
OES Case No. E-06-007-011306-HQ
(See also Election Appeals Master decision 06 EAM 9)
Earl Walker, member and principal officer of Local Union 614, 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 alleged that Jeffrey Duncan is ineligible for election as delegate to the 2006 IBT Convention under the Rules.
Election Supervisor representative Steven R. Newmark investigated this protest.
Findings of Fact:
TITAN records show that Duncan paid dues timely for the 24-month eligibility period, by check-off authorization and by cash.
Investigation shows that Duncan was an elected trustee of the local union until his term ended in January 2005. Thereafter, he commenced employment with Nagy Concrete, an employer under the jurisdiction of the local union, on June 27, 2005. Protestor Walker contends that Duncan was not working at the craft between January and June 2005, but instead ran Duncan's Snow Removal/Lawn Service. Walker submits that Duncan's interim work constitutes a break in his continuous good standing that renders him ineligible to run for delegate.
Duncan agrees that he ran and continues to run a snow removal and lawn service but states that it is part-time work that does not interfere with his regular employment with Nagy Concrete. Duncan regards the Nagy employment as his full-time job. During the spring, summer and fall construction season, Duncan drives regularly for Nagy. However, in the winter, he is rarely called but remains on the on-call list. He accepts any call from Nagy over any snow removal or lawn care job that might also be available.
Analysis
Article VI, Section 1 of the Rules provides that "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."
Article VI, Section 2(b) states:
The active employment at the craft requirement may be excused by unemployment if, for the period of unemployment, the member was actively seeking and available for employment in the craft and not working outside the craft during such period of unemployment …
Working outside the jurisdiction of the local union will generally render a member ineligible for office. Wiggin, E121 (March 18, 1996), aff'd 96 EAM 151 (March 27, 1996). However, "members who are unable to find work in their craft who take temporary or part-time employment outside the craft while actively seeking and available for union employment" will not be penalized with a loss of eligibility because of this work. Id., see also Funk, E86 (February 20, 1996), aff'd 96 EAM 107 (February 28, 1996). Placement on a referral list for a Teamster employer is sufficient to establish the member's "willingness and intention to take employment in that craft should it become available." Funk, supra.
Duncan has paid his dues timely for the 24-month eligibility period. Further, when not employed on a full-time basis with Nagy Concrete, Duncan has remained on Nagy's on-call list, demonstrating his willingness and intention to take employment with Nagy should it become available. Accordingly, the part-time work he performs removing snow and mowing lawns does not constitute work outside the craft that will render him ineligible to run for delegate.
Accordingly, we DENY the protest and hold Duncan ELIGBLE to run for delegate to the 2006 IBT Convention.
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
2006 ESD 55
DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001-2198
braymond@teamster.org
Sarah Riger, Staff Attorney
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001-2198
sriger@teamster.org
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
Earl Walker, President
IBT Local Union 614
131 University Drive
Pontiac, MI 48342
Jeffrey Duncan
1583 Giddings Road
Pontiac, MI 48348
William Broberg
1108 Fincastle Road
Lexington, KY 40502
wcbroberg@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