IN RE: ELIGIBILITY OF MICHAEL MURPHY, Protestor.
Protest Decision 2006 ESD 254
Issued: May 19, 2006
OES Case No. E-06-041-051506-HQ
Michael Murphy, member of Local Union 155, 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"). The protest challenged the Election Supervisor's decision that found Murphy ineligible to serve as a delegate.
Election Supervisor representative Steven R. Newmark investigated this protest.
Findings of Fact and Analysis
Protestor Murphy ran for delegate in Local Union 155's delegate and alternate delegate election. At the tally of ballots conducted April 4, 2006, he was declared elected.
Although no interested member challenged the protestor's eligibility at or after his nomination for delegate, the Election Supervisor has an affirmative obligation under Article III of the Rules to certify all duly elected delegates as eligible for such positions.
On May 4, 2006, the Election Supervisor determined that the protestor was ineligible to serve as delegate to the 2006 IBT convention because the protestor did not meet the 24-month continuous good standing requirement provided in Article VI, Section 1 of the Rules. Both the TITAN record and evidence provided by the protestor demonstrated that the protestor, a cash dues payer, did not pay his April 2005 dues in a timely fashion. The protestor has conceded that he paid his April 2005 dues 4 days late.
The protestor challenges the eligibility decision and claims that the "Rules have been applied in an overly strict manner" given that his April 2005 dues were late by only 4 days.
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."
For a member on a cash dues basis, a remittance after the last business day of the month is untimely and will render the member not in good standing for that month. Williams, E15 (December 18, 1995) (member ineligible who made late cash payments 5 times during the eligibility period because he forgot to remit the dues timely); Bard, E3 (September 20, 1995) (member who incurred dues delinquency through "oversight" ineligible). Based on this authority, the protestor's untimely payment of his April 2005 dues interrupted the 24 months of continuous good standing the Rules require.
Accordingly, we DENY this protest and deem Murphy INELIGIBLE to serve as a delegate to the 2006 IBT Convention. The alternate delegate candidate who achieved the greatest number of votes in Local Union 155's delegate and alternate delegate election will assume the delegate seat for which we hold Murphy ineligible, subject to our determination that the alternate delegate meets the eligibility requirements of the Rules.
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. 20006-1416, 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 254
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
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
Michael Murphy
11650 225th Street
Maple Ridge, BC V2X 6E4
CANADA
Thomas Milne, Secretary-Treasurer
Teamsters Local Union 155
490 East Broadway
Vancouver, BC V5T 1X3
CANADA
Maria Giardini
400 Fourth Avenue, SW
Suite 3000
Calgary, AB T2P 0J4
CANADA
mgiardini@davis.ca
Gwen Randall
400 Fourth Avenue, SW
Suite 3000
Calgary, AB T2P 0J4
CANADA
grandall@davis.ca
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