Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: ELIGIBILITY OF                          )           Protest Decision 2016 ESD 101

            MICHAEL MATYSIK,                   )           Issued: February 7, 2016

                                                                        )           OES Case No. E-137-012116-MW

            Local Union 142.                               )

____________________________________)

            Richard Knipp, member and principal officer of Local Union 142, 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 Michael Matysik was ineligible both to nominate or second candidates and to stand for nomination as alternate delegate to the IBT convention.  

            Election Supervisor representative Jeffrey Ellison investigated this protest.

Findings of Fact and Analysis

Article II, Section 5(h) of the Rules provides that a member is eligible to nominate another member for delegate or alternate or second that nomination if the nominating or seconding member has “his/her dues paid through the month prior to the nominations meeting.” 

In contrast to the good standing requirement applicable to nominators and seconders, the Rules require continuous good standing for candidates.  Thus, 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 142’s delegates and alternate delegates election was held January 16, 2016.  Therefore, a member is eligible to nominate or second if his dues were paid through December 2015.  In comparison, 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 Matysik was ineligible both to nominate or second and to be nominated for alternate delegate.  We consider these two allegations separately.

To verify Matysik’s eligibility to nominate or second, we reviewed TITAN records for dues remitted on his behalf.  Matysik’s TITAN shows that dues posted to his payment record on December 22, 2015 paid him through December 2015.  Therefore, he was eligible to nominate or second at the nominations meeting held January 16, 2016. 

To verify Matysik’s eligibility to run, we reviewed the dues payment record for the entire eligibility period at issue here.  He paid his dues by check-off authorization.  However, he was on withdrawal commencing October 11, 2013 (predating the start of the eligibility period) and extending to April 23, 2014 (more than three months into the eligibility period).  Matysik confirmed to our investigator that he had no earnings or other compensation paid by his employer during this period while he recovered from injuries sustained in a truck accident.   

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).  Matysik was on withdrawal status for more than three months during the eligibility period, which caused an interruption in his 24 months of continuous good standing.  Accordingly, we find Matysik INELIGIBLE to stand for alternate delegate in Local Union 142’s delegates and alternate delegates election.

            However, we find Matysik was in good standing with his dues paid through December 2015 at the time of the January 16, 2016 nominations meeting and was therefore ELIGIBLE to nominate and second members to run for delegate and alternate delegate. 

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 101 

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