IN RE: DONALD RAY HARDISON, Protestor.
Protest Decision 2006 ESD 123
Issued: April 3, 2006
OES Case No. P-06-180-022706-AT
Donald Ray Hardison, member of Local Union 822, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2005-2006 IBT International Union Delegate and Officer Election ("Rules"). He asserted that a vendor of the local was also listed as a member of Local 822 and that possibly local union officers were padding the membership rolls with individuals who would vote under the direction of the incumbent officers
Election Supervisor representative J. Griffin Morgan investigated this protest.
Findings of Fact and Analysis
Albert L. "Butch" Claus has been a member of and paid dues to Local Union 822 for several years. Claus sells stationery, business cards and T-shirts to the local union. He works with his wife out of an office in his home doing set-up and design. He contracts out the actual printing work, using union shops "when he can." Claus states that the previous local union president required him to become a member so that the products he provided would be "union made." No collective bargaining agreement exists between the local union and Claus' business. Further, Claus is not an officer or employee of the local union nor is he an employer.
Article II, Section 2 of the IBT constitution provides in relevant part as follows:
(c). Persons who own, lease, or operate a team or vehicle and/or perform any other work may be eligible for membership in this International Union. If, however, any Local Union can prove to the satisfaction of the General President that the membership of such individuals would be detrimental to the welfare of the Local Union, it may present such facts to the General President for authority to refuse to accept such persons as members. The General President shall consider all the facts and circumstances and render a decision in the matter, subject to appeal to the General Executive Board, which shall be binding on the Local Union.
(d). Membership shall also be available to so-called "vendors" and "owner-equipment drivers." A "vendor" is a person who purchases products and sells the same on his own behalf. An "owner-equipment driver" is a person who, in connection with his employment, uses equipment sold or leased to him by his employer or equipment which he has purchased independently but which he uses in whole or in part in the service of his employer. When such persons apply for membership in the International Union, the Local Union and the International Union shall have the right and authority as a condition precedent to membership to approve or disapprove any contract pertaining to such form or similar form of employment.
(Emphasis supplied.)
Claus falls within the broad definition of persons eligible for membership and has paid his dues as a condition of that membership.
Accordingly, we DENY this protest and find Claus ELIGIBLE to vote.
Claus became a member of Local Union 822 as a consequence of a specific request from the former president. The protestor has produced no evidence of any other vendor on the membership list and has not produced evidence of a broad-scale campaign to add ineligible voters to the membership list. Accordingly, we need not address the protester's unsupported contention that local union officials have padded the membership list with ineligible voters. The protestor retains his right under Article IX, Section 6 to challenge the ballot of any voter when voter eligibility is determined at the ballot count by review of the outer ballot return envelope.
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 123
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
Donald Ray Hardison
2158 Kingsley Lane
Chesapeake, VA 23323
Albert Claus
P.O. Box 354589
Palm Coast, FL 32135
James Wright, President
IBT Local Union 822
P.O. Box 12673
Norfolk, VA 23502
J. Griffin "Griff" Morgan
Elliot, Pishko, Morgan
426 Old Salem Road
Winston-Salem, NC 27101
jgmorgan@epmlaw.com
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com