IN RE: ELIGIBILITY OF EVELYN STEWARD, DONNELL HOGAN, AUDRY SETTLES, MICHAEL J. WILLIAMS, Local Union 743
Protest Decision 2006 ESD 156
Issued: April 3, 2006
OES Case No. E-06-040-030806-HQ
Richard Berg, member of Local Union 743, 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 Evelyn Steward, Donnell Hogan, Audry Settles and Michael J. Williams are ineligible for election as delegate or alternate delegate to the 2006 IBT Convention under the Rules.
Election Supervisor representative Steven R. Newmark investigated this protest.
Findings of Fact
At Local Union 743's nominations meeting held March 6, Steward and Hogan were nominated for delegate and Settles and Williams were nominated for alternate delegate. This protest contends that they have failed to maintain continuous good standing for the 24-month eligibility period and are therefore ineligible for these positions.
TITAN records show that all four candidates are on dues check-off and have been for the duration of the eligibility period. None has a break in good standing or has taken a withdrawal card, and all were employed by the same employer throughout the eligibility period.
Investigation showed that the candidates had sufficient earnings in each of the 24 months of the eligibility period to fund their monthly dues obligations. At no time did the local union inform any of these members that the employer had remitted dues late or demand cash payment of dues. The protestor has offered no evidence to the contrary.
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 checkoff whose employer fails to make a proper deduction during any month in which the member has earnings from which the dues could have been deducted, shall not lose good standing status for that month." IBT Constitution, Article X, Sec. 5(c),
We find that Steward, Hogan, Settles and Williams were on dues check-off and had sufficient earnings to fund their monthly dues obligations in each of 24 months of the eligibility period.
Accordingly, we DENY this protest and find Evelyn Steward, Donnell Hogan, Audry Settles and Michael J. Williams ELIGIBLE for election as delegate or 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 156
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
Daniel E. Clifton
Lewis, Clifton & Nikolaidis, P.C.
275 Seventh Avenue, Suite 2300
New York, NY 10001
dclifton@lcnlaw.com
Stephen Ostrach
1863 Pioneer Parkway East, #217
Springfield, OR 97477-3907
saostrach@gmail.com
Richard Berg
1336 West Argyle
Chicago, IL 60640
Evelyn Steward
7401 South Peoria
Chicago, IL 60621
Donnell Hogan
1427 North Luna
Chicago, IL 60639
Audrey Settles
2243 West 81st Place
Chicago, IL 60620
Michael Williams
5500 S. South Shore Drive
Chicago, IL 60637
Robert Walston, President
Teamsters Local Union 743
4620 South Tripp
Chicago, IL 60632
Bill Broberg
1108 Fincastle Road
Lexington, KY 40502
wcbroberg@aol.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