IN RE: ELIGIBILITY OF KAREN LANKFORD, Local 614
Protest Decision 2006 ESD 57
Issued: January 26, 2006
OES Case No. E-06-010-011706-HQ
Jeffrey Duncan, member and delegate candidate in 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 Karen Lankford is ineligible for election as delegate to the 2006 IBT Convention under the Rules and also ineligible to nominate or second the nomination of any candidate for delegate or alternate delegate.
Election Supervisor representative Steven R. Newmark investigated this protest.
Findings of Fact:
At the nomination meeting held January 2006, Lankford was nominated for delegate to the 2006 IBT convention. In addition, Lankford nominated Dan Williams and seconded the nominations of David Bluhn and Jeff Dodge. Protestor Duncan alleges that Lankford was not eligible to be nominated or to nominate or second.
TITAN records show that Lankford paid dues timely for the 24-month eligibility period by check-off authorization the local union.
Investigation shows that Lankford is the elected recording secretary of the local union and has been for at least the past 24 months. Her monthly compensation for service in that office has been sufficient to fund her monthly dues obligation, and those dues have been paid via check-off authorization each month during the 24-month eligibility period.
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(h) further provides that "[a]ll officers and full-time employees of the International Union and of any affiliate (excepting licensed professional personnel employed as such) shall be considered as meeting the requirement of working at the craft within the jurisdiction for the purpose of retaining active membership and of being ruled eligible for election to office."
To be eligible to nominate or second a nomination, a member must be "in good standing, … with his/her dues paid through the month prior to the nominations meeting." Article II, Section 5(h).
We find that Lankford timely paid her monthly dues by check-off authorization without interruption during the 24-month eligibility period. We also find that she satisfied the "working at the craft" requirement by virtue of her elected local union office.
Accordingly, we DENY the protest and find Lankford ELIGIBLE to run for delegate to the 2006 IBT convention and ELIGIBLE to nominate and second the nomination of other candidates for delegate or alternate 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. 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 57
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
Jeffrey Duncan
1583 Giddings Road
Pontiac, MI 48348
Karen Lankford
1406 Athlone Drive
Oxford, MI 48371-6002
David Bluhn
5323 Elmsford Drive
Flint, MI 48532
Dan Williams
472 West Oakwood
Oxford, MI 48371
Jeff Dodge
2546 Freeman
Lake Orion, MI 48360
Earl Walker, President
IBT Local Union 614
131 University Drive
Pontiac, MI 48342
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