Protest Decisions

IN RE: ELIGIBILITY OF LESLY O'DONNELL, ANTHONY O'DONNELL, JAMES ANDERSON, ROBERT CAVANAUGH, MARLON BURLOCK, ANTONIO NOYS, TREMELLE MANSFIELD, KENNETH SAWYER, DEATRA TART, RODNEY BROWN, TOM RESPONDI, MICHELLE COLEMAN & PATRICIA BARLOW, Local Union 700.
Protest Decision 2011 ESD 180
Issued: March 23, 2011
OES Case No. E-044-030811-MW

William Logan, Assistant Trustee of Local Union 700 and candidate for delegate, and Phil Sherlock, member of Local Union 700, filed four pre-election protests pursuant to Article XIII, Section 2(b) of the Rules for the 2010-2011 IBT International Union Delegate and Officer Election ("Rules").  These protests were consolidated as one under the same case number.

Logan first alleged that members Lesly O'Donnell, Anthony O'Donnell, James Anderson, Robert Cavanaugh, Marlon Burlock, Antonio Noys, Tremelle Mansfield, Kenneth Sawyer, Deatra Tart, and Rodney Brown, delegate candidates who comprise the Team 700 slate, are ineligible for nomination.  Further, the protest stated that Anthony O'Donnell and Marlon Burlock were ineligible to nominate or second other candidates.

Logan's second protest alleged that independent delegate candidate Tom Respondi was ineligible for nomination. Further, the protest stated that Frank Labudzik and Jeff Malinowski, who nominated and seconded Respondi, respectively, were ineligible to do so and that Labudzik and Malinowski's nomination and second, as well as Respondi's acceptance, were not valid as none of these individuals provided the last four digits of their Social Security numbers.

The third protest, filed by Sherlock, alleged that independent delegate candidate Michelle Coleman was ineligible for nomination. The protest also claimed that Patricia Barlow and Kimberly Wilson, who nominated and seconded Coleman, respectively, were ineligible to do so and that Wilson's nomination was not valid as she failed to provide the last four digits of her Social Security number.

The fourth protest, also filed by Sherlock, alleged that independent delegate candidate Patricia Barlow was ineligible for nomination. Further, the protest stated that Latasha Deal and Michelle Coleman, who nominated and seconded Barlow, respectively, were ineligible to do so.

Election Supervisor representative Maria Ho investigated this protest.

Findings of Fact and Analysis

Under Article VI, Section 1(a) of the Rules for the 2011 IBT Election, "[t]o 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 the month of nomination; and (3) Be eligible to hold office if elected."

Teamsters Local Union 700 was chartered in 2010 as the result of a merger of Local Unions 714 and 726 and has been in existence less than 24 months. This fact implicates Article II, Section 4(c)[1] of the IBT constitution, which states a special eligibility rule for candidates in certain newly chartered local unions. A member generally must accumulate 24 consecutive months of continuous good standing in the local union to be eligible for nomination as a candidate for office.[2] But a member in a newly chartered local union born of a merger of two or more other local unions must have continuous good standing for 24 months on a combined basis between the newly chartered and a local union that participated in the merger in order to be eligible for nomination.

Local Union 700 is in trusteeship and John T. Coli, an IBT Central Region Vice-President and President of Joint Council 25, serves as Trustee. Acting as Trustee, Coli requested the IBT General Executive Board to modify the applicable eligibility period for the union from 24 to 20 months of continuous good standing. The stated reason for this modification was that a significant portion of Local Union 700's membership is employed at the Cook County Department of Corrections, which did not begin remitting dues for members to the former Local Union 714 until July 2009. In January 2011, using its authority under Article II, Section 4(h) of the IBT Constitution, the IBT General Executive Board granted the Trustee's request. Based on this GEB action, we apply the standard of 20 months of continuous good standing to determine whether members of this local union are eligible for nomination.

The nominations meeting for the Local Union 700 delegates and alternate delegates election was held March 6, 2011.  Accordingly, the 20 month period during which candidates must be in continuous good standing in order to be eligible for nomination ran from July 2009 through February 2011.  To verify each challenged candidate's eligibility during this period, we reviewed their TITAN records for dues remittances received from them or remitted on their behalf to Local 700, 714, and 726; where additional information was needed, we sought it from the candidates.  Our findings follow.

1. Lesly O'Donnell, Anthony O'Donnell, James Anderson, Robert Cavanaugh, Marlon Burlock, Antonio Noys, Tremelle Mansfield, and Kenneth Sawyer - ELIGIBLE

Lesly O'Donnell and Anthony O'Donnell paid dues by check-off authorization with the Cook County Deputy Sheriff's Office for the entire eligibility period.  Both Lesly O'Donnell's and Anthony O'Donnell's dues were remitted timely by the employer in each of the 20 months and, accordingly, we find that both Lesly O'Donnell and Anthony O'Donnell meet the continuous good standing requirement. 

Anderson, Cavanaugh, and Burlock paid dues by check-off authorization with their employer, the Cook County Department of Corrections, for the entire 20 month eligibility period. Likewise, Noys and Sawyer paid dues by check-off authorization with the City of Chicago and Mansfield paid dues by check-off authorization with the Illinois Department of Transportation for the entire eligibility period. Each of these individuals had late or missing check-off payments in some of the 20 months. However, records show that each member had earnings in excess of his or her dues obligation for every month during the eligibility period. A member on dues check-off retains his good standing even if his dues were remitted late or not at all by the employer, provided he had signed a check-off authorization and had sufficient earnings or paid leave in the month from which dues could have been deducted.  IBT Constitution, Article X, Section 5(c); Eligibility of John Gerow, et al., 2006 ESD 121 (March 2, 2006); Eligibility of Thiel, 2010 ESD 16 (July 26, 2010), appeal withdrawn, 10 EAM 4 (August 6, 2010).  This rule protects Anderson, Cavanaugh, Burlock, Noys, Mansfield, and Sawyer's continuous good standing.

Protestor Logan also alleged that Lesly O'Donnell, Anthony O'Donnell, Anderson, Cavanaugh, Burlock, Noys, Mansfield, and Sawyer were not employed at the craft for the entire 20 month eligibility period, and therefore do not meet the second eligibility requirement set forth above. We find that each member was working under the jurisdiction of Local Union 700 (or one its predecessor local unions) in every month of the eligibility period. Accordingly, we find Lesly O'Donnell, Anthony O'Donnell, Anderson, Cavanaugh, Burlock, Noys, Mansfield, and Sawyer ELIGIBLE.

Protestor Logan also claimed that Anthony O'Donnell, who nominated all candidates on the Team 700 slate, and Burlock, who seconded all of those candidates Slate, were ineligible to do. To be eligible to nominate or second a nomination, 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). The TITAN records show that, at the time of the March 6 nominations meeting, both O'Donnell and Burlock had paid dues through February 2011, the month prior to the meeting. Accordingly, we find O'Donnell and Mansfield ELIGIBLE to nominate and second other candidates.

2. Deatra Tart - ELIGIBLE

Protestor Logan alleged that Tart does not meet the 20 month good standing requirement, because no dues were deducted by her employer in January 2010 as a result of a disability leave and because she is in arrears on account of an unpaid re-initiation fee owed to Local Union 700. Investigation showed that Tart was on check-off with her employer, the City of Chicago, and had earnings in excess of her dues obligation for every month during the eligibility period. Although Tart took disability leave from January 23 to January 27, 2010, she had sufficient earnings in the remainder of January to fund her dues obligation. Therefore, the check-off rule protects Tart's continuous good standing.

Tart's TITAN record shows an unpaid re-initiation fee of $100. This fee stems from a period of three months in 2005 during which Tart did not pay dues to Local Union 714 during a separate disability leave. Under Article X, Section 5(c) of the IBT constitution, a local union shall suspend any member whose dues are three months in arrears, and a local union may require a re-initiation fee to restore membership rights. The TITAN records show that Tart was suspended in August 2005 but was removed from suspension and restored to active membership status in October 2005, even though no re-initiation fee was paid.

Tart claims that she was never billed for the re-initiation fee or any dues arrearages by either Local Union 714 or Local Union 700, and that she was first made aware of the fee when this protest was filed. No records were produced showing Tart was billed for the re-initiation fee or any arrearages by the former Local Union 714, and Local Union 700 confirmed that it has never billed her for any fees or arrearages.

Furthermore, Logan, the Assistant Trustee and a delegate candidate, had requested the IBT General Secretary-Treasurer to waive certain dues requirements in connection with effectuating the mergers into the new Local Union 700. In July 2010, the General Secretary-Treasurer's office granted that request. The waiver granted covers those members who appeared delinquent in their initiation or re-initiation fee obligation to Local Union 726 and Local Union 714. We conclude that Tart falls within the scope of this waiver, and hold that her not having paid a re-initiation fee does not affect her eligibility.

Finally, protestor Logan alleged that Tart does not meet the 20 month working in the craft requirement. We find that Tart was actively employed at the City of the Chicago for every month of the eligibility period. Accordingly, we find Tart ELIGIBLE.

2. Rodney Brown - INELIGIBLE

Protestor Logan alleged that Brown does not meet the 20 month good standing requirement as he took a disability leave, during which he did not pay dues, in 2010. Brown paid dues through check-off authorization with his employer, the Cook County Department of Corrections. Brown took a disability leave beginning in October 2010 and returned to work in December 2010. Brown told our investigator he had no earnings from his employer in October and November 2010. We note that any disability payments Brown may have received would not be subject to the check-off rule. Eligibility of McKay, 2011 ESD 65 (January 8, 2011), aff'd 11 EAM 12 (January 19, 2011); Eligibility of Uhrynchuk, et al., 2001 EAD 151 (February 8, 2001), aff'd 01 EAM 38 (February 26, 2001). Accordingly, he could not rely on his check-off authorization for payment of dues during his period of disability and instead was required to make a cash dues payment on or before the last business day of each month in order to retain his good standing for that month. As records show that Brown did not pay cash dues for October and November, his continuous good standing was interrupted. Because of this interruption in continuous good standing, we find Brown INELIGIBLE for nomination as delegate.

3. Tom Respondi - ELIGIBLE

First, protestor Logan alleged that Respondi does not meet the good standing requirement. Investigation showed that Respondi paid dues by check-off authorization with his employer, the Chicago Transit Authority, for the entire 20 month eligibility period. Respondi had late or missing check-off payments in some of those months, but records show that he had earnings in excess of his dues obligation for every month during the eligibility period. Accordingly, the check-off rule protects Respondi's continuous good standing for those months where dues were remitted late by his employer. Further, the protest claimed that Respondi's good standing was interrupted by his not having paid a re-initiation fee dating to 2007. In November 2007, Respondi was suspended for one month from Local 726 for nonpayment of dues in accordance with Article X, Section 5(c) of the IBT constitution. Respondi was returned to active status in December 2007 without paying the $100 re-initiation fee, and no records were presented that he was notified of or billed for this fee by Local Union 726. Respondi was first made aware by Local Union 700 that he owed this fee on March 3, 2011, only one day prior to his nominations meeting. As with Tart, we find that Respondi falls in the class of members covered by the July 2010 waiver of past re-initiation fees, and his not having paid a re-initiation fee does not affect his good standing.

Second, protestor Logan alleged that Respondi does not meet the working in the craft requirement. We find that Respondi was working in the craft at the Chicago Transit Authority for the entire eligibility period.

Third, protestor Logan claimed that Frank Labudzik, who nominated Respondi, and Jeff Malinowski, who seconded the nomination, were both ineligible to nominate or second candidates. The TITAN record shows that Labudzik was paid through February 2011 at the time of the March 6 meeting, and accordingly, we find him ELIGIBLE to nominate.

The TITAN records indicate that Malinowski was paid through December 2010 at the time of the meeting. Malinowski pays his dues through check-off authorization with the Chicago Transit Authority, and the TITAN record indicated that this arrearage occurred in the months immediately following a withdrawal from Local 726 in September through November 2004. Local Union 700 (and Local Union 726) uses a "collapsible" accounting system by which dues are applied to the last month for which dues have not been paid, regardless of the month in which dues are received. For example, the TITAN record for a member who incurs a dues arrearage in December 2001 but who subsequently pays dues timely each month will show the original dues arrearage of one month and a continuing arrearage in each month thereafter. However, Malinowski told our investigator that he never requested a withdrawal card in late 2004, and he had earnings in the months during which the TITAN record indicated he was on withdrawal, and the months immediately following, when the arrearage occurred. Malinowski told our investigator that he has never been billed for these arrearages. Local 700 has not billed him, and records from this time period for Local 726 no longer exist. Given these circumstances, we credit Malinowski as falling under the members covered by the July 2010 waiver. Further, we find that Malinowski was entitled to rely on his check-off authorization for payment of his dues. Accordingly, we find him ELIGIBLE to second.

Finally, the protest alleged that Respondi's nomination was not valid as Labudzik and Malinowski failed to provide the last four digits of their Social Security numbers on Respondi's nomination and second, respectively, and Respondi failed to provide the last four digits of his Social Security number in his acceptance. Article II, Section 5(f) of the Rules provides:

Any member eligible to nominate or second a nomination may do so by a writing submitted to the Local Union Secretary-Treasurer. A written nomination or second must be received by the Local Union Secretary-Treasurer no later than 5 p.m. of the day immediately prior to the day of the relevant nomination meeting. The writing shall state whether it is a nomination or a second, the name of the member being nominated or seconded and whether the nomination or second is for delegate or alternate delegate. It shall be signed by the member submitting the nomination or second and shall contain the last four digits of his/her Social Security number. At the nomination meeting, the presiding Local Union officer shall announce and treat the written nomination or second as if it had been made from the floor of such meeting.

The issue this protest presents is whether the omission of the last four digits of Social Security numbers on written nomination, second and acceptance of nomination forms will render the nomination invalid and require the candidate's removal from the ballot. We find that it does not, even though the nomination and second did not comply with the express terms of Article II, Section 5(f). Article I of the Rules states that the Election Supervisor is charged with "the conduct of fair, honest, open and informed elections," and has the authority "to take all necessary actions in supervising the election process to insure fair, honest, open and informed elections." Measured against the scope of this authority, it cannot be said that it would serve the underlying purpose of the Rules or the Consent Decree if a candidate were to be barred from running for delegate as a result of the omission of the last four digits of Social Security numbers on written nomination, second, and acceptance forms. While the better practice is to include the Social Security number extract on the nomination forms, there is no prejudice if that number is supplied promptly afterwards. See Kent et al. 2006 ESD 179 (April 12, 2006). Accordingly, we DENY the protest challenging the validity of Respondi's nomination.

4. Michelle Coleman - ELIGIBLE

First, protestor Sherlock alleged that Coleman does not meet the good standing requirement. Investigation showed that Coleman paid dues by check-off authorization with her employer, the Cook County Juvenile Detention Center, for the entire 20 month eligibility period. Coleman had late or missing check-off payments in some of those months, but records show that she had earnings in excess of her dues obligation for every month during the eligibility period. Accordingly, the check-off rule serves to protect Coleman's continuous good standing for those months where dues were remitted late by her employer.

Second, protestor Sherlock alleged that Coleman does not meet the working in the craft requirement. Records show that Coleman was working at the Cook County Juvenile Detention Center for the entire eligibility period.

Third, protestor Sherlock claimed that Kim Wilson, who nominated Coleman, and Patricia Barlow, who seconded Coleman, were both ineligible to nominate or second candidates. The TITAN records show that, as of the March 6 nominations meeting, both Wilson and Barlow were paid through January 2011, not February 2011, the month before the meeting. Wilson and Barlow are employed by the Cook County Juvenile Detention Center, which remits dues biweekly. According to the TITAN record, the first dues remittance on record for employees of the Cook County Juvenile Detention Center, including Wilson and Barlow, was made to Local Union 714 on May 7, 2009. However, this initial payment was applied to dues for the first half of the month of March 2009. As Local Union 700 uses a "collapsible" accounting system, all remittances made by this employer are applied to two months earlier. No members employed at the Cook County Juvenile Detention Center have been billed for the two month arrearage. In the cases of Wilson and Barlow, the failure to be paid through the month prior to the nominations meeting is solely the result of the employer's and the local's accounting systems, rather than any failure on the member's part at any time to pay dues. Analysis of the TITAN record shows that, had the initial recorded payment on May 7, 2009 been applied to May 2009 dues, both Wilson and Barlow would have been paid through March 2011 rather than January 2011 at the time of the nominations meeting. Under these circumstances, we find Wilson and Barlow ELIGIBLE to nominate and second Coleman's nomination.

Finally, the protest alleged that Coleman's nomination was not valid as Wilson failed to provide the last four digits of her Social Security number on the written nomination. As with Respondi's nomination, we find that the omission of the Social Security number does not invalidate the nomination. Accordingly, we DENY the protest challenging Coleman's nomination.

5. Patricia Barlow - ELIGIBLE

First, protestor Sherlock alleged that Barlow does not meet the good standing requirement. Investigation showed that Barlow paid dues by check-off authorization with her employer, the Cook County Juvenile Detention Center, for the entire 20 month eligibility period. Barlow had late or missing check-off payments in some of those months, but records show that she had earnings in excess of her dues obligation for every month during the eligibility period. Accordingly, the check-off rule serves to protect Barlow's good standing for those months where dues were remitted late by her employer.

Second, protestor Sherlock alleged that Barlow does not meet the working in the craft requirement. Records show that Barlow was working at the Cook County Juvenile Detention Center for the entire eligibility period.

Third, protestor Sherlock claimed that Latasha Deal, who nominated Barlow, and Michelle Coleman, who seconded Barlow, were both ineligible to nominate or second candidates. The TITAN records show that, as of the March 6 nominations meeting, both Deal and Coleman were paid through January 2011, not February 2011, the month before the meeting. As with Wilson and Barlow, Deal and Coleman are employed at the Cook County Juvenile Detention Center and analysis of the TITAN record shows that they would be paid through March 2011 and not January 2011 at the time of the meeting were it not for the employer's and the local's accounting systems. Under these circumstances, we find Deal and Coleman ELIGIBLE to nominate and second Barlow's nomination, and we find Barlow ELIGIBLE for nomination.

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 180

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 Hall 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

Phil Sherlock
10874 South Bell
Chicago, IL 60643
logandelegateslate@comcast.net

William Logan
6740 North Wildwood Ave.
Chicago, IL 60646
logandelegateslate@comcast.net

Michelle Coleman
9753 South Yale Avenue
Chicago, IL 60628
Chelle4@comcast.net

Kimberly Wilson
11705 South Artesian
Chicago, IL 60619
Chelle4@comcast.net

Patricia Barlow
252 Rice
Bellwood, IL 60104

Thomas Respondi
5628 South Melvin
Chicago, IL 60638
tomrespondi@yahoo.com

Frank Labudzik
1540 South Sunset Ridge Drive
Orland Park, IL 60462
tomrespondi@yahoo.com

Jeff Malinowski
6310 West 59^th Street
Chicago, IL 60638
tomrespondi@yahoo.com

James Anderson
9728 South Loomis
Chicago, IL 60643
Lawmann60104@yahoo.com

Robert Cavanaugh
740 Devonshire Drive
Des Plaines, IL 60012
Lawmann60104@yahoo.com

Deatra Tart
3541 West Lexington Street
Chicago, IL 60624
Lawmann60104@yahoo.com

Antonio Noys
9743 South Halstead
Chicago, IL 60628
Lawmann60104@yahoo.com

Lesly O'Donnell
1246 East 98^th Street
Chicago, IL 60628
Lawmann60104@yahoo.com

Tremelle Mansfield
7541 West Jackson
Forest Park, IL 60130
Lawmann60104@yahoo.com

Rodney Brown
2323 Rockwell
Chicago, IL 60628
Lawmann60104@yahoo.com

Kenneth Sawyer
1739 North Natchez
Chicago, IL 60707
Lawmann60104@yahoo.com

Anthony O'Donnell
1246 East 98^th Street
Chicago, IL 60628
Lawmann60104@yahoo.com

Marlon Burlock
3413 Madison
Bellwood, IL 60104
Lawmann60104@yahoo.com

William C. Broberg
1108 Fincastle Road
Lexington, KY 40502-1838
wcbroberg@aol.com

Maria S. Ho
Office of the Election Supervisor
1801 K Street, N.W., Suite 421 L
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 Ellison
214 S. Main Street, Ste. 210
Ann Arbor, MI 48104
EllisonEsq@aol.com