Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: ELIGIBILITY OF                            )           Protest Decision 2016 ESD 86

            DORIAN BROWN,                          )           Issued: January 26, 2016

                                                                        )           OES Case No. E-111-011916-ME

            Local Union 623.                                )                      

____________________________________)

            George Ruggieri, member of Local Union 623, 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 Dorian Brown is ineligible for nomination as alternate delegate to the IBT convention for alleged failure to maintain 24 consecutive months of good standing.  

            Election Supervisor representative John Pegula 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 623’s delegates and alternate delegates election was held January 16, 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 Brown is ineligible for alternate delegate because of a break in the 24-month continuous good standing requirement.

To verify Brown’s eligibility during this period, we reviewed TITAN records for dues remitted on his behalf.  Brown’s TITAN shows that he was a check-off dues payer who was placed on honorable withdrawal on March 14, 2014, and continued in that status until his withdrawal card was deposited on July 28, 2014.  Brown confirmed to our investigator that he voluntarily took withdrawal in order to undergo and recover from surgery that occurred in January 2014.  He said he returned to work in August 2014.  During the months he was off work on withdrawal status, he made no dues payments to the local union and had no income from his employer from which dues could be deducted. 

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). 

Brown was on withdrawal status for more than four months, which caused an interruption in his 24 months of continuous good standing.         Accordingly, we find Brown INELIGIBLE to stand for alternate delegate in Local Union 623’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 86 

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