IN RE: ELIGIBILITY OF WALTER SMITH and BRUCE FULGHAM, Local Union 891.
Protest Decision 2011 ESD 92
Issued: January 28, 2011
OES Case No. E-026-011711-SO
Brent Corbello, secretary-treasurer of Local Union 891, timely filed an eligibility protest pursuant to Article XIII, Section 2(b) of the Rules for the 2010-2011 IBT International Union Delegate and Officer Election ("Rules"). The protest alleged that Walter Smith and Bruce Fulgham are ineligible for nomination as delegates or alternate delegates to the 2011 IBT convention.
Election Supervisor representative Kathryn A. Naylor investigated this protest.
Findings of Fact and Analysis
Article VI, Section 1(a) 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; (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; and (3) be eligible to hold office if elected.
Local Union 891 held its nominations meeting on January 8, 2011. Accordingly, the 24 month period during which candidates must be in continuous good standing in order to be eligible for nomination ran from January 2009 through December 2010.
1. Walter Smith - Ineligible
Smith paid dues by check-off authorization with his employer, YRC. TITAN records show suspension of his membership in January through March 2009, and then checkoff resumed in April 2009. Also, from October 2009 through May 2010, his TITAN records reflect the issuance of numerous withdrawal cards. Smith confirmed that he was laid off January through March 2009, as well as October 2009 through May 2010, and that he did not pay dues to Local Union 891 while he was laid off. These facts show interruptions in his continuous good standing. Accordingly, we find Smith INELIGIBLE for nomination as delegate.
2. Bruce Fulgham - Ineligible
TITAN records for Fulgham show he had timely check-off remittances from his employer for the 24 months in question, with the exception of February and March 2009, and that a withdrawal card was issued and deposited on March 31, 2009. Fulgham confirmed that he was not working as a result of a medical procedure and that he had no earnings in February and March 2009. Fulgham received short-term disability insurance through the local union's benefit package with Central States. He confirmed that he did not pay dues directly to Local Union 891 for these two months. These facts show an interruption in his continuous good standing. Accordingly, we find Fulgham INELIGIBLE for nomination as delegate.
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, 1801 K Street, N.W., Suite 421 L, Washington, D.C. 20006, 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
2011 ESD 92
DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, D.C. 20001
braymond@teamster.org
David J. Hoffa
1100 Connecticut Avenue, N.W., Ste. 730
Washington, D.C. 20036
hoffadav@hotmail.com
Ken Paff
Teamsters for a Democratic Union
P.O. Box 10128
Detroit, MI 48210-0128
ken@tdu.org
Barbara Harvey
1394 E. Jefferson Avenue
Detroit, MI 48207
blmharvey@sbcglobal.net
Fred Gegare
P.O. Box 9663
Green Bay, WI 54308-9663
kirchmanb@yahoo.com
Scott D. Soldon
3541 N. Summit Avenue
Shorewood, WI 53211
scottsoldon@gmail.com
Fred Zuckerman, President
Teamsters Local Union 89
3813 Taylor Blvd.
Louisville, KY 40215
fredzuckerman@aol.com
Robert M. Colone, Esq.
P.O. Box 272
Sellersburg, IN 47172-0272
rmcolone@hotmail.com
Carl Biers
Box 424, 315 Flatbush Avenue
Brooklyn, NY 11217
info@SandyPope2011.org
Julian Gonzalez
Lewis, Clifton & Nikolaidis, P.C.
350 Seventh Avenue, Suite 1800
New York, NY 10001-5013
jgonzalez@lcnlaw.com
Brent Corbello, Secretary-Treasurer
Teamsters Local Union 891
2560 Valley Street
Jackson, MS 39204
tluno891@aol.com
Walter Smith
115 Cedar Spring
Pearl, MS 39208
wsmitty62@att.net
Bruce Fulgham
P.O. Box 20004
Jackson, MS 39289
brucefulgham@bellsouth.net
Dolores C. Hall
1000 Belmont Place
Metairie, LA 70001
hall1000@cox.net
Kathryn Naylor
Office of the Election Supervisor
1801 K Street, N.W.
Washington, D.C. 20006
knaylor@ibtvote.org
Jeffrey J. Ellison
214 S. Main Street, Ste. 210
Ann Arbor, MI 48104
EllisonEsq@aol.com