IN RE: ELIGIBILITY OF W. FELIX COLLINS, Allied Federation.
Protest Decision 2011 ESD 108
Issued: February 9, 2011
OES Case No. E-032-012011-SO
Dennis Albers, general chairman of BMWED Allied Federation, 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 W. Felix Collins is ineligible to second the nomination of Kenneth Jackson for delegate to the 2011 IBT convention.
Election Supervisor representatives Maria Ho investigated this protest.
Findings of Fact and Analysis
Within the BMWED, lodges are union structures equivalent to Teamsters local unions. However, unlike Teamsters local unions, each BMWED lodge does not elect its own delegates and alternate delegates to the IBT convention. Instead, BMWED elects convention delegates and alternate delegates at the system federation level of the organization. A system federation is comprised of lodges.
The Rules state that to be eligible to nominate or second the nomination of a candidate for delegate or alternate delegate, a member must be in good standing "with his/her dues paid through the month prior to the nominations meeting." Article II, Section 5(h). Within the BMWED structure of system federations, a person must be a member in good standing of a lodge within that system federation in order to nominate or second the nomination of a candidate from the same system federation.
At the Allied Federation's nominations meeting held January 18, 2011 in Hendersonville, Tennessee, a written second of the nomination of Kenneth Jackson for delegate was submitted by fax by W. Felix Collins. Collins lives in Crowley, Texas and did not attend the nominations meeting. The Allied Federation's membership listing does not include Collins. The BMWED's records confirm that Collins was a member of Lodge 1099 within the Southwest Federation at the time of the nominations meeting, and that he has never been a member of another system federation since his initiation into the union in 2004.
As Collins was not in good standing with the Allied Federation at the time of the January 2011 nominations meeting, he was ineligible to second the nomination of Kenneth Jackson for delegate. Accordingly, we GRANT the protest. As a result, Jackson's nomination fails for lack of a valid second. The Allied Federation's nominations meeting resulted in an election by white ballot, Jackson's name will not appear on the list of certified convention delegates and he will not be issued a delegate credential, and the ranking eligible alternate delegate will be elevated to 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 108
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
Hoffa Keegel 2011
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
Dennis Albers, General Chairman
Allied Federation
111 Imperial Blvd., C300
Hendersonville, TN 37075
dralbersbmwe@aol.com
Kenneth Jackson
2107 Bowie Lane
Corinth, TX 72610
maddenman19@yahoo.com
W. Felix Collins
1129 Switchgrass Lane
Crowley, TX 76036
Dolores 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, Suite. 210
Ann Arbor, MI 48104
ellisonesq@aol.com