IN RE: ELIGIBILITY OF MICHAEL LILLICRAP, Local Union 682.
Protest Decision 2011 ESD 127
Issued: February 21, 2011
OES Case No. E-037-020311-GP
Robin Norris, secretary-treasurer of Local Union 682, 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 protests alleged that Michael Lillicrap was ineligible to second the nomination of alternate delegates to the 2011 IBT convention.
Election Supervisor representative Kathryn A. Naylor investigated this protest.
Findings of Fact and Analysis
Article II, Section 5(h) of the Rules requires that a candidate may be nominated and his/her nomination seconded only by members in good standing, each with his/her dues paid through the month prior to the month of nomination. Investigation showed that Lillicrap met this requirement.
The protest alleged that Lillicrap was nonetheless ineligible to second the nomination of two candidates for alternate delegate because he may be an owner-operator.
The IBT constitution makes membership available to "owner-equipment drivers," subject to the union's right to "approve or disapprove any contract pertaining to such form or similar form of employment." Constitution, Article II, Section 2(d). Regulations of the USDOL limit the eligibility of members who are owner-operators to be nominated for union office because of the existence of a potential conflict of interest between their ownership and their representation of union members. See Eligibility of Benedict, 2011 ESD 109 (February 9, 2011). However, neither the constitution, DOL regulations, nor the Rules places any limitation on the right of members in good standing who are owner-operators to nominate, second a nomination, or vote in union elections. Accordingly, we DENY this protest for failure of the protestor to allege a violation of the Rules. In reaching this conclusion, we make no finding whether Lillicrap is an owner-operator.
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:
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 127
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
Robin Norris, Secretary-Treasurer
Teamsters Local Union 682
5730 Elizabeth Avenue
St. Louis, MO 63110
rnorris@teamsterslocal682.com
Michael Lillicrap
8101 Pennsylvania St.
St. Louis, MO 63111
michaellillicrap@yahoo.com
Jack Brooks
Cahokia, IL 62206
jackbrooks52@aol.com
Ed Kimbrell
2800 Massman Lane
DeSoto, MO 63020
Mary Ann Campbell
13859 State Road E.
DeSoto, MO 63020
scdennis@aol.com
Maria Ho
Office of the Election Supervisor
1801 K Street, N.W.
Washington, D.C. 20006
mho@ibtvote.org
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