IN RE: ELIGIBILITY OF D.K. MARQUAR, RON FRIEND, and DANA BOOTH, Allied Eastern Federation.
Protest Decision 2006 ESD 83
Issued: February 17, 2006
OES Case No. E-06-024-013006-SO
Horace Ezzell, a member of the Allied Eastern Federation of the Brotherhood of Maintenance of Way Employes, 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 D.K. Marquar, Ron Friend, and Dana Booth are ineligible for election as delegates or alternate delegates to the 2006 IBT Convention under the Rules.
Election Supervisor representative Steven R. Newmark investigated this protest.
Findings of Fact
At the nomination meeting held January 10, 2006, Marquar, Friend and Booth were nominated for delegate or alternate delegate. The protest alleges that they are ineligible because they failed to pay dues.
Investigation showed that each candidate served as secretary-treasurer of his local lodge in December 2005. Under Allied East Federation, dues for members serving as secretary-treasurer are waived while they hold office.
Analysis
Article VI, Section 1(c) of the Rules provides that "[g]iven the recent mergers of the former BLE, BMWE and GCIU into the IBT and the terms of the applicable merger agreements, a candidate for Convention delegate or alternate delegate to represent affiliates from the former BLE, BMWE and GCIU must be a member in good standing of the appropriate affiliate, must have his/her dues paid up through the month prior to nominations, must be employed at the craft within the jurisdiction of the appropriate affiliate during the month prior to nominations, and must be eligible to hold office if elected."
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).
Article XX, Section 6 of the BMWE bylaws states that "[a]ll Local Lodge financial secretaries will be exempt from paying System Federation dues until December 31, 2005."
By virtue of his office and the dues waiver associated with it, each candidate satisfied his dues obligation in December 2005, the "month prior to the nominations meeting."
Accordingly, we DENY the protest and find Marquar, Friend and Booth ELIGIBLE to run 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
885 Third Avenue, Suite 1000
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 83
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
blmharvey@sbcglobal.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
Horace Ezzell
202 Millhouse Road
Castle Hayne, NC 28429
D.K. Marquar
1100 Longo Street
Waveland, MS 39576-3440
Ronald D. Friend
213 Fay Avenue
Marietta, OH 45750-9508
Dana Booth
P.O. Box 411
Bellington, WV 26250-0411
D.R. Albers
First Vice President/Secretary-Treasurer
Allied Eastern Federation
4 South Pine Tree Drive
Breese, IL 62230
Dolores C. Hall
1000 Belmont Place
Metairie, LA 70001
hall1000@cox.net
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