IN RE: ELIGIBILITY OF PAUL PARLATO and TERRY HUGHES, Local Union 264.
Protest Decision 2006 ESD 98
Issued: February 24, 2006 ) OES Case No. E-06-029-021406-HQ
Darrin Ziemba and Scott Brown, members of Local Union 264, 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 Paul Parlato and Terry Hughes are ineligible for election as 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 on February 7, 2006, Parlato and Hughes were nominated for election as alternate delegate. The protest alleged they are ineligible due to failure to pay dues for the 24-month eligibility period.
TITAN records show that Hughes paid dues timely for the 24-month eligibility period by check-off authorization. Investigation showed that Hughes has worked for Bison Foods, a Teamster employer, for the duration of the eligibility period.
Parlato's dues record shows that no dues were paid or posted during November or December 2004. The TITAN record reflects a cash dues payment posted October 4, 2004. that covered dues through that month. The next payment was posted January 14, 2005, and was made by check-off.
Parlato told our investigator he did not work during September and October 2004 because of injury. Parlato stated that he paid cash dues in September for the months of September and October. Parloto's dues paid via check-off authorization were often deducted several months late.
Business records show Parloto worked in each month of the eligibility period, save September and October 2004.
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."
A member on dues check-off retains his good standing even if his dues were remitted late or not at all, provided he had signed a check-off authorization and had sufficient earnings in the month from which dues could have been deducted. IBT Constitution, Article X, Section 5(c); Dunn, E9 (October 31, 1995).
We find that Hughes was employed for 24 consecutive months within the jurisdiction of the local union and paid his dues timely via check-off.
We find that Parlato was on check-off and had sufficient earnings in each of the months of the eligibility period, except for September and October 2004, and for these months timely paid cash dues.
Accordingly, we DENY the protest and hold Parlato and Hughes ELIGIBLE 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 98
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
Darrin Ziemba
227 Bissell Avenue
Depew, NY 14043
Scott C. Brown
6 Cathedral Court
West Seneca, NY 14224
Paul Parlato
26 Airview Terrace
Depew, NY 14043
Terry Hughes
2982 Avery Drive
Hamburg, NY 14075
Ron Lucas, President
Teamsters Local 264
35 Tyrol Drive
Cheektowaga, NY 14227
David F. Reilly
22 West Main Street
P.O. Box 457
North Kingston, RI 02852
dreilly@rooltd.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