IN RE: ELIGIBILITY OF DAVID ANDRE, Local 228
Protest Decision 2006 ESD 148
Issued: March 17, 2006
OES Case No. E-06-037-030606-HQ
Victor Shada, Jr., member and secretary-treasurer of Local Union 228, 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 David Andre is ineligible for election as alternate delegate to the 2006 IBT Convention under the Rules.
Election Supervisor representative Steven R. Newmark investigated this protest.
Findings of Fact
TITAN records for Andre indicate that he went on withdrawal status twice during the period of eligibility. The first period was July through November 2004; the second was April through July 2005.
Diane Gassoway, the local union's office manager and TITAN operator, confirmed that Andre was on withdrawal for those months.
Andre admitted to our investigator that he was on withdrawal "a couple of times" throughout the eligibility period, but did not recall the exact dates. Specifically, Andre stated that he agreed to be laid off so that an individual with less seniority could remain employed.
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 withdrawal status generally loses continuous good standing if the withdrawal occurs within the 24-month eligibility period. Wuorinen, E7 (October 6, 1995). However, if the member returns from withdrawal status in the month immediately following the month when withdrawal status commenced and the member either timely pays dues for each month in cash or has sufficient earnings in each month from which the dues could be deducted, the withdrawal status will not render the member ineligible. IBT Constitution, Article IV, Section 4(a)(1).
We find that Andre suffered a break in his continuous good standing during the months he was on withdrawal status in 2004 and 2005. Andre's two periods of withdrawal (one of five months and the other of four months) each interrupt his continuous good standing for longer than curable under IBT Constitution, Article IV, Section 4(a)(1). Accordingly, we GRANT the protest and find Andre INELIGIBLE to run for alternate 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
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 148
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
Victor Shada, Jr., Secretary-Treasurer
Teamsters Local 228
4600-47th Avenue, Suite 205
Sacramento, CA 95824
Fax: (916)395-4734
David Andre
5301-28th Street
Sacramento, CA 95820
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