Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: ELIGIBILITY OF                          )           Protest Decision 2016 ESD 72

            SCOTT TEMEN,                             )           Issued: January 16, 2016

                                                                        )           OES Case No. E-096-011216-MW

            Local Union 710.                               )                      

____________________________________)

            Mike McMahon, member of Local Union 710, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2015-2016 IBT International Union Delegate and Officer Election (“Rules”).  The protest alleged that Scott Temen is ineligible for nomination as delegate to the IBT convention for alleged failure to maintain 24 consecutive months of good standing.  

            Election Supervisor representative Jeffrey Ellison 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.”

The nominations meeting for Local Union 710’s delegates and alternate delegates election was held January 10, 2016.  Therefore, the 24-month period during which candidates must be in continuous good standing in order to be eligible for nomination ran from January 2014 through December 2015.  The protest alleged that Temen had no job for a few months during the eligibility period and is therefore ineligible for delegate.

To verify Temen’s eligibility during this period, we reviewed TITAN records for dues remitted on his behalf.  Temen’s TITAN shows that he was employed and was on check-off for the entire eligibility period, first by Ruan Transport, then by DPI, and finally by ABF.  He had no periods of unemployment during the eligibility period, and his monthly dues were deducted and remitted to the local union pursuant to the check-off authorization he signed with each employer. 

The TITAN record shows that dues deducted by DPI were first posted to Temen’s TITAN record in September 2014, even though he signed the check-off authorization when he commenced work for DPI and worked full-time for the firm in July and August 2014.  The late remittance of Temen’s dues does not interrupt his continuous good standing, however.  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); Eligibility of Montes, 2011 ESD 114 (February 16, 2011).  This rule operates to protect Temen’s continuous good standing.

            Accordingly, we find Temen has maintained continuous good standing for the 24-month eligibility period and is therefore ELIGIBLE to stand for delegate in Local Union 710’s delegates and alternate delegates election.

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:

Kathleen A. Roberts

Election Appeals Master

JAMS

620 Eighth Avenue, 34^th floor

New York, NY 10018

kroberts@jamsadr.com

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, 1050 17^th Street, N.W., Suite 375, Washington, D.C. 20036, all within the time prescribed above.  A copy of the protest must accompany the request for hearing.

                                                                        Richard W. Mark

                                                                        Election Supervisor

cc:        Kathleen A. Roberts

            2016 ESD 72 

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