IN RE: ELIGIBILITY OF R.J. MYERS, J. NOLAN TRACY, JR., KENT KLINE, W.A. THOMPSON, HUGH L. SAWYER, JR., W.E. MYHAN, TRAVIS REED, W.L. MORRIS, IBT/GCA # 810
Protest Decision 2006 ESD 147
Issued: March 17, 2006
OES Case No. E-06-035-022906-HQ
W.M. Overton, Jr., Secretary-Treasurer and Election Committee Chairman of IBT/GCA # 810, 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 R.J. Myers, J. Nolan Tracey, Jr., Kent Kline, W.A. Thompson, Hugh L. Sawyer, Jr., W.E. Myhan, Travis Reed and W.L. Morris are ineligible to run for delegate or alternate delegate to the 2006 IBT Convention under the Rules.
Election Supervisor representative Steven R. Newmark investigated this protest.
Findings of Fact
On February 23, 2006 IBT/GCA # 810 held its nominations meeting for delegate and alternate delegate to the 2006 IBT Convention. The protestor alleged that nominated candidates Myers, Tracey, Kline, Thompson, Sawyer, Myhan, Reed and Morris are ineligible because they are not in good standing.
William Walpert, Secretary-Treasurer of the Brotherhood of Locomotive Engineers and Trainmen ("BLET"), produced records showing that each of the individuals in question was current in his dues payments through January 2006, except for Morris and Myers.
According to the records, Morris was on "disability retired" status and was not required to pay dues under the BLET bylaws. Morris paid his dues for January 2006 with a check dated "2/4/06." There is no documentary evidence showing when the check was tendered in payment; witnesses were unable to state whether the check was received in February, or whether it had been tendered on January 31.
Myers is required to pay only national division dues as a member of Division 74 and a company official; he is not required to pay GCA dues, State legislative board dues, or local division dues. He is not a member of any GCA, which is the equivalent of a local union, and he therefore has no membership or voting rights in any GCA. He is current on his national division dues through January 2006.
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."
According to Article VI Section 3(c) of the Rules, "Given the recent merger of the former BLE, BMWE, 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."
In addition, as outlined in Paragraph 6.8 "Eligibility to Run for Office (IBT 'Continuous Good Standing' Rule)" of the IBT/BLE Merger Agreement, "the provisions of the IBT constitution concerning eligibility to run for office will become effective on January 1, 2006. For purposes of determining eligibility to run only, all IBT/BLE bodies will be treated as "newly chartered" on January 1, 2006 and the provisions of Article II, Section 4(b) of the IBT Constitution will be applied."1
Article II, Section 4 (b) of the IBT constitution states that, for "newly chartered" local unions, the 24-month eligibility period is reduced to "at least half of the period of time since the [affiliate] was separately chartered." As the eligibility provision under the merger agreement did not become effective until January 1, 2006, a member will be eligible to run if he/she has was in good standing for only one month prior to the month in which the nominations meeting took place.
Based on these provisions, we find that Tracy, Kline, Thompson, Sawyer, Myhan, and Reed had satisfied their dues obligations in full in the month prior to the nominations meeting, the only time period relevant for this eligibility determination. Accordingly, we find them ELIGIBLE and DENY the protest with respect to them.
Morris did not pay his January dues until February because, regardless of when the check was tendered, it could not be negotiated until on or after February 4, 2006. Morris did not timely pay his January dues and was therefore not in good standing for the month before the nomination meeting. Accordingly, we GRANT the protest with respect to Morris and find him INELIGIBLE.
Finally, with respect to Myers' payment of national dues only, Section 46(b) of the BLET bylaws states that "[t]hose holding official position on railroad will pay only national dues and be exempt from such dues and assessments as may be levied by GCA, legislative board and division …" However, as Myers has not paid dues to any GCA, he has no membership or voting rights in and cannot run for delegate representing a GCA. Accordingly, we find Myers INELIGIBLE and GRANT the protest with respect to him.
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 147
1 A note to Section 29(h) of the BLET By-Laws, National Division Rules, states that "members should be aware that [applicable provisions of the IBT Constitution as modified by paragraph 6.8 of the merger agreement] . . . require the timely payment of dues for a fixed period prior to nomination and that any failure to pay dues during the applicable period, even if excused, will render the member ineligible to run for office."
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
W.M. Overton, Jr., Secretary-Treasurer
BLET GCA #810
P.O. Box 16039
Asheville, NC 28816
R.J. Myers
20 Anderson Town Road
Mechanicsburg, PA 17055
J. Nolan Tracy, Jr.
4602 Fairfax Place
Powder Springs, GA 30127
Kent Kline
346 Deaven Road
Harrisburg, PA 17111
W. A. Thompson
891 Santiago Road
Imperial, PA
Hugh L. Sawyer, Jr.
417 Yarbrough Road
Franklin, GA 30217
W.E. Myhan
8437 Gypsy Lane
Ooltewah, TN 37363
Travis Reed
4601 Maria Street
Chattanooga, TN 37411
W.L. Morris
198 Mount Olive Road
Bowdon, GA 30108
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