Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: ELIGIBILITY OF                          )           Protest Decision 2016 ESD 154

            CARLOS GONZALEZ,                  )           Issued: March 23, 2016

                                                                        )           OES Case No. E-220-031216-FW

            Local Union 630.                               )                      

____________________________________)                                                         

            Frank Halstead, member Local Union 572, 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 Carlos Gonzalez, an elected delegate of Local Union 630, is ineligible to serve in that position because he has left employment under the local union’s jurisdiction and commenced employment as a business agent for Local Union 1932. 

            Election Supervisor representative Michael Miller investigated this protest.

Findings of Fact and Analysis

Local Union 630 is entitled to elect eight delegates and three alternate delegates.  In the tally of ballots conducted March 10, 2016, Gonzalez placed seventh among delegate candidates and was therefore elected as delegate.

Halstead filed this protest, alleging that Gonzalez was no longer a member of Local Union 630 because he had taken permanent employment as a business agent of Local Union 1932.  The protest requested that Gonzalez’s position be declared vacant and that the ranking alternate delegate be elevated to delegate to replace Gonzalez.

Although no challenge was made to Gonzalez’s eligibility for nomination as delegate, we examined his dues payment and work at the craft for the eligibility period.  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 630’s delegates and alternate delegates election was held January 8, 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.  A review of Gonzalez’s TITAN record of dues payments showed that he timely paid dues by check-off authorization through his employer, Ventura Foods, for each month of the eligibility period.  Given this fact, Gonzalez maintained continuous good standing and was eligible for nomination.

On February 25, 2016, Gonzalez made written request to Ventura Foods for a non-medical leave of absence pursuant to Article 27.1 of the collective bargaining agreement.  Per the terms of the request, the leave was to commence March 7 and conclude June 6, 2016, for a total of 91 days.  Gonzalez made the request in order to serve on a temporary basis as business agent for Local Union 1932, a statewide local union in San Bernardino County.  The employer granted the request, and Gonzalez presently is on leave from his position with his employer, with a contractual right to resume employment.

Gonzalez last worked for Ventura Foods during the pay period ending March 5, 2016.  On March 10, 2016, Gonzalez made direct payment of three months of dues to Local Union 630, giving him a paid through date of May 2016.

            On these facts, we find Gonzalez was eligible for nomination as delegate.  We further find that he is presently on leave with recall rights to Ventura Foods, an employer under the jurisdiction of Local Union 630 and has paid full dues to the local union.  Accordingly, on the present record, we find no basis to conclude that Gonzalez has forfeited his delegate seat, is no longer a member or “has left Local Union 630,” as the protest asserts.

Accordingly, we DENY the protest. 

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 154 

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