Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: ELIGIBILITY OF                          )           Protest Decision 2016 ESD 210

            FRANK PEREZ,                              )           Issued: May 10, 2016

                                                                        )           OES Case No. E-276-050316-FW    

            Local Union 630.                               )

____________________________________)                                                                  

Carlos Gonzalez, member and elected delegate of Local Union 630, filed a pre-election protest pursuant to Article XIII, Section 3(b) of the Rules for the 2015-2016 IBT International Union Delegate and Officer Election (“Rules”).  The protest alleged that Frank Perez is ineligible to be seated at the IBT convention as an elected delegate from that local union.

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.”

            Local Union 630 is entitled to elect eight delegates and three alternate delegates to the IBT convention.  Following its nominations meeting held February 8, 2016, twenty-four delegate candidates and eight alternate delegate candidates competed in the election.  Protestor Gonzalez was elected as the seventh ranked delegate, Perez as the sixth ranked delegate. 

The eligibility period for candidates in this election commenced in February 2014 and ran through January 2016.  To verify Perez’s eligibility during this period, we reviewed TITAN records for dues remitted on his behalf.  Perez was employed by Driftwood Dairy during the entire eligibility period, paying his dues by checkoff authorization.  This dues payment history fully satisfied the obligation to make timely payment of dues on a continuous basis; moreover, the continuous employment with Driftwood Dairy satisfied the employment at the craft obligation. 

Accordingly, we find that Perez was eligible for nomination as delegate.

The protest does not contest these essential facts.  Rather, it points to Perez’s dismissal from employment in or around February 2016, and argues that the dismissal has the effect of rendering Perez ineligible to be seated as a delegate because he no longer is employed at the craft.

We disagree.  The eligibility criteria stated in the IBT constitution and adopted with some modification in the Rules point to the signal event of nomination and assess each candidate’s qualifications for nomination against whether he/she satisfied the dues payment and work requirements in the 24 months that preceded that nominations meeting.  Once a member is both nominated and elected to the position of delegate or alternate delegate, he/she no longer need satisfy the same continuous good standing requirements that were necessary for nomination.  Instead, the elected delegate or alternate delegate need only be a member in good standing at the time he/she serves in that capacity at the convention. Definition 34 of the Rules defines “member in good standing” as “a member who has paid his/her dues through the month prior to the month in question.”  Notably, that definition does not include the employment at the craft requirement to be nominated for the position of delegate or alternate delegate.  Moreover, under the IBT constitution, an unemployed member may continue his/her membership in good standing for a period of six months following the month in which he was last employed merely by paying the required dues.  Article XVIII, Section 6(a).

Perez is presently unemployed under the jurisdiction of the local union and has been since his separation from Driftwood Dairy in February 2016, although he is seeking employment with employers under contract with the union.  Nonetheless, he remains a member in good standing of Local Union 630 by paying his dues through April 2016.  Eligibility of Curtis, 2016 ESD 183 (April 28, 2016).

For these reasons, we DENY this protest and find Perez currently is ELIGIBLE to be seated as an elected delegate of Local Union 630 at the IBT convention.  Perez will continue to be eligible to assume his delegate seat if he pays his full dues for May prior to his attendance at the IBT convention.

Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within three (3) 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 210

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