Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: ELIGIBILITY OF                          )           Protest Decision 2016 ESD 74

            DAVID TANKSLEY,                      )           Issued: January 17, 2016

                                                                        )           OES Case No. E-090-011116-SO

            Local Union 327.                               )                      

____________________________________)

            Joe Bennett and Doris Tigg, members of Local Union 327, 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 David Tanksley 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 327’s delegates and alternate delegates election was held January 9, 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 Tanksley is ineligible for delegate because he “does not meet the 1) 24 consecutive month continuous good standing requirement or the 2) being employed in the craft under the jurisdiction of Teamsters Local Union #327 for a period of 24 consecutive months prior to the month of nomination.”

To verify Tanksley’s eligibility during this period, we reviewed TITAN records for dues remitted on his behalf.  Tanksley’s TITAN shows that he was a cash dues payer and, during the eligibility period we examined, consistently paid his dues one, two, or three months in advance of the months in which they were due.  Accordingly, he satisfied the dues payment requirement to be eligible. 

Turning to the “work at the craft requirement,” Tanksley has worked in the movie industry under Local Union 327’s jurisdiction during the eligibility period.  In 2015, he worked on the television series “Nashville” until April, when filming for the season ended.  Tanksley expected to be recalled to the series when it resumed in July but was not, despite his qualifications for the work and high placement on the recall list.  He remained on the local union’s referral list throughout 2015, requesting however that he not be referred to jobs with TVA or its subcontractors because of lack of appropriate licensure for the equipment often involved in such work.  Local union principal officer Joe Bennett, a protestor here, wrote Tanksley on August 6, 2015, advising that “[t]he Local Union will continue to call you when we are filling work orders except for TVA and those you are not qualified to work because of experience, drivers license, etc.”  Tanksley commenced work on a movie project under the local union’s jurisdiction on January 13, 2016 and remains employed there.

On December 30, 2015, Doris Tigg, a protestor here acting in her official role as secretary-treasurer of Local Union 327, wrote Tanksley to advise “that you are being issued a honorable withdrawal card since you have been out of work for over six (6) months and that during the time that you have been out of work that you have refused full time employment when offered.  Your honorable withdrawal card will be effective for the month of December 2015.  Your January 2016 union dues will be corrected and reposted to reflect your honorable withdrawal status.  You will retain your current position on the Local Union January 2016 Out-of-Work List.”

Tigg entered Tanksley’s withdrawal status into his TITAN record on January 6, 2016.  As noted, Tanksley resumed active work at the craft under the local union’s jurisdiction on January 13, 2016.

Article XVIII, Section 6(a) of the IBT constitution states that “an honorable withdrawal card must be issued six (6) months after the month in which the member first becomes unemployed, if he is still unemployed at that time.”  Withdrawal status excuses the member’s obligation to pay dues.  However, withdrawal will also generally interrupt continuous good standing, “[p]rovided, however, that if a member on withdrawal deposits his card in the month immediately following the month for which it was effective and pays his dues for both months in a timely manner as provided in Article X, Section 5(c), such period of withdrawal shall not be considered a break in continuous good standing in the Local Union.”  IBT constitution, Article II, Section 4(a)(1). 

These facts present two issues under the “work at the craft” eligibility criterion, both of which we resolve in Tanksley’s favor.  First, although Tanksley was unemployed for a substantial portion of 2015, that period of unemployment did not cause him to lose “work at the craft” eligibility.  He retained such eligibility because he held a place on the local union’s referral list during that time and was seeking and available for employment in the craft under the local union’s jurisdiction (i.e., work in the movie industry).  Article VI, Section 2(b) declares that the “active employment at the craft requirement may be excused by unemployment if, for the period of unemployment, the member was actively seeking and available for employment in the craft.”  An unemployed member satisfies the obligation to be ready and available for work under the local union’s jurisdiction by maintaining his name on a hiring list.  Eligibility of Duncan, 2006 ESD 55 (January 26, 2006); see also Eligibility of McPartlin, 2011 ESD 79 (January 24, 2011), aff’d, 11 EAM 17 (February 11, 2011) (A member satisfies the working at the craft eligibility requirement if he is on a recall list with an employer under the local union’s jurisdiction).  We decline to construe Tanksley’s alleged failure or refusal to accept work available through the referral list that was not movie industry work as an abandonment of his search for work at the craft, where the Rules’ exception to the “work at the craft” requirement obligates the member to seek and be available for work under the local union’s jurisdiction but does not require that he accept any and all such work.  The work Tanksley sought, movie industry work, was work under the local union’s jurisdiction, and the local union maintained him on the referral list even though he allegedly did not accept other types of work.  Therefore, we hold that Tanksley satisfies the “work at the craft” eligibility criterion.

Further, Tanksley has not suffered an interruption in continuous good standing by the local union’s issuance of a withdrawal card.  The card was issued January 6, 2016, and Tanksley commenced work under the local union’s jurisdiction a week later, on January 13.  While withdrawal will generally interrupt continuous good standing, “a member on withdrawal [who] deposits his card in the month immediately following the month for which it was effective and pays his dues for both months in a timely manner as provided in Article X, Section 5(c), such period of withdrawal shall not be considered a break in continuous good standing in the Local Union.”  IBT constitution, Article II, Section 4(a)(1).  Because Tanksley effectively deposited the withdrawal card the local union issued him on January 6, 2016 by ending his unemployment with work under the local union’s jurisdiction a week later, the withdrawal card does not interrupt his continuous good standing.

            Accordingly, we find Tanksley has maintained continuous good standing for the 24-month eligibility period and is therefore ELIGIBLE to stand for delegate in Local Union 327’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 74 

DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):