IN RE: ELIGIBILITY OF MARILYN DUNCAN, Local 614
Protest Decision 2006 ESD 56
Issued: January 26, 2006
OES Case No. E-06-008-011306-HQ
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 Marilyn Duncan is ineligible to serve as an observer in the delegate and alternate delegate election at the local union.
Election Supervisor representative Steven R. Newmark investigated this protest.
Findings of Fact:
Duncan was appointed an observer for the "Reduce the Dues, Restore the Pension, United Teamsters Against Hoffa" slate in the delegate and alternate delegate election at Local Union 614. Protestor Walker alleges that she is ineligible for that position.
TITAN records show that Duncan pays monthly dues via check-off authorization with her employer, Sodexho Inc. TITAN shows that monthly dues were paid timely through October 2005. Timely dues were not received for November or December 2005. Three months of dues were posted to Duncan's TITAN record on January 11, 2006, bringing her current in her dues obligation.
Also on January 11, protestor Walker faxed the protest in this case to our office, alleging that Duncan was two months in arrears in her dues at that time. Duncan's TITAN record establishes that, as of the date the protest was faxed to our office, she was current.
Analysis
Article IX, Section 1 of the Rules permits "at least one (1) observer to be present at each and every phase of the process for nominating candidates for [delegate and alternate delegate]." The article also permits a nominated candidate or slate to select an observer for "the processing and distribution of campaign literature for his/her candidate" (Section 2), "any drawing by lot conducted in connection with any phase of the nomination and election process" (Section 3), "inspect[ion of] the ballot prototype prior to printing and the printer's certification of the number of ballots printed" (Section 4), "the entire mailing process," including the pickup both of undeliverable and cast ballots (Section 5), and "the election count" (Section 6).
The rule states that "[s]uch observer shall be a candidate or a member of [sic] good standing of the Local Union."
A member is in good standing upon payment of his/her monthly dues obligation by the last day of a given month. "However, a member on dues check-off whose employer fails to make a proper deduction during any month in which the member has earnings from which the dues could have been deducted, shall not lose good standing status for that month. In such an event, the Local Union shall notify the member of his employer's failure and payment shall be made by the member within thirty (30) days of said notice in order to retain good standing status." IBT Constitution, Article X, Section 5(c), in relevant part.
Here, Duncan's dues for November and December 2005 and January 2006 were posted to her TITAN record on January 11, 2006, bringing her current. As she has been designated only as an observer and has not been nominated as a candidate for delegate or alternate delegate, we need only determine whether she is presently a member in good standing; it is unnecessary to determine whether she has maintained continuous good standing for 24 consecutive months. Based on the evidence before us, we find that Duncan is presently a member in good standing.
Accordingly, we DENY the protest and find that Duncan eligible to serve as an observer under the Rules.
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 56
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
Marilyn 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