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IN RE: ELIGIBILITY OF JOHN GEROW, PATRICIA WARD JENKINS, THOMAS COLEMAN,
MARIA PEREZ, PATRICK GUASHINO, KEVIN THERIEN, GLORIA MORALES, AMY LEWIS, GLENDA
REYES, ANTONIO BENTHALL, JOSE SILVA, LLOYD VELASQUEZ, CELESTE MAGANA,
NOELBA CASTANO, SAM VINSON, MARK FEINBERG AND RON KING, Local Union 97 (See also Election Appeals Master decision 06 EAM 16) Mark Kleinerman, a member of Local Union 97, filed an eligibility protest pursuant to Article XIII, Section 2(b) of the Rules for the 2005-2006 IBT International Union Delegate and Officer Election (“Rules”). The protest alleged that all members of the John Gerow slate, consisting of John Gerow, Patricia Ward Jenkins, Thomas Coleman, Maria Perez, Patrick Guashino, Kevin Therien, Gloria Morales, Amy Lewis, Glenda Reyes, Antonio Silva, Lloyd Benthall, Jose Velasquez, Celeste Magana, Noelba Castano, Sam Vinson, Mark Feinberg, and Ron King are ineligible for election as delegate or alternate delegate to the 2006 IBT Convention under the Rules. Election Supervisor representative Steven R. Newmark investigated this protest. Findings of Fact TITAN records show that eight of the seventeen protested members of the John Gerow slate have paid their dues timely for the 24 months of the eligibility period. These members are John Gerow, Thomas Coleman, Maria Perez, Patrick Guashino, Amy Lewis, Glenda Reyes, Antonio Silva, and Jose Velasquez. All eight members were on check-off authorization through their employers. The remaining nine members are: Patricia Ward Jenkins The TITAN record for Jenkins shows that no dues were paid or posted in
October or November 2004. A cash payment was posted on December 10, 2004, that
covered her dues for October, November, and December 2004. Investigation showed
that Jenkins was on active military duty during those months and that she had
her daughter pay her dues in December 2004. Kevin Therien Therien’s TITAN record shows that his dues were posted late for the months of February 2004 and January, August, and September 2005. In each instance, the dues were posted the following month. In addition, the record shows no dues were paid or posted for January 2004. Investigation showed that Therien was employed by the Township of Lacey during the entire eligibility period and was on check-off authorization. Linda Bergalowski of the Township’s personnel department confirmed that Therien had earnings in each of the months in question to fund his dues. Gloria Morales Morales’ TITAN record reflects that dues payments were posted one month late on a consistent basis for the entire eligibility period. Our investigation showed that Morales was continuously employed at the New Jersey College of Medicine during the entire eligibility period and was on check-off authorization at all times during that period. Lloyd Benthall Benthall’s TITAN record shows no dues payment made or posted for April or July 2005. Our investigation showed that Benthall was continuously employed at White Rose during the entire eligibility period and paid his dues through check-off authorization. Celeste Magana Magana’s TITAN report shows that dues were posted late on three occasions during the eligibility period: January, February, and May 2005. In all three instances, the dues were paid the following month. Our investigation revealed that Magana was employed by Silverline, worked those months, and was on check-off authorization. Noelba Castano Castano’s TITAN report shows that dues were posted three months late on a consistent basis throughout the entire eligibility period. The report indicates that Castano was on dues check-off. Our investigation revealed that Castano was employed by Silverline for the entire eligibility period. Sam Vinson The TITAN record for Sam Vinson indicates that he was took a voluntary withdrawal in April 2005 and returned from withdrawal in June. Investigation showed that Vinson took this withdrawal because of illness. Mark Feinberg Feinberg’s TITAN record shows that dues were posted late for the months of January, February, and May 2005. In each instance, the dues were posted the following month. Our investigation found that Feinberg was employed throughout the entire eligibility period and was on check-off authorization through his employer, Silverline. Ron King The TITAN record for Ron King shows that dues posted each month were consistently applied to the previous month’s dues. King paid his dues by check-off authorization through his employer, the New Jersey College of Medicine. Our investigation revealed that King was employed for the entire 24-month eligibility period. Analysis Article VI, Section 1 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; [and] (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.” Gerow, Coleman, Perez, Guashino, Lewis, Reyes, Silva, and Velasquez meet these requirements without further need for analysis. A member on dues check-off retains his good standing even if his dues were remitted late or not at all, provided he/she had signed a check-off authorization and had sufficient earnings in the month from which dues could have been deducted. IBT Constitution, Article X, Section 5(c); Dunn, E9 (October 31, 1995). Therefore, the fact that dues payments are applied to a previous month’s dues will not render a member ineligible if that member had signed a check-off authorization and had sufficient earnings from which dues could have been deducted. Under this principle, Therien, Morales, Benthall, Magana, Castano, Feinberg, and King retain their good standing even though their monthly dues payments were often applied to previous months’ dues during the eligibility period. In contrast, Jenkins failed to pay her monthly dues timely without interruption during the 24-month eligibility period since she did not pay dues for October or November 2004. Although she paid her dues by check-off authorization during the periods she was actively employed, she was required to make timely cash payments of dues while on military leave. In Wuorinen, E7 (October 6, 1995), the candidate asserted that his non-payment of dues was attributable to his National Guard service. Election Officer Quindel rejected this assertion, stating that “neither the Constitution of the IBT nor the bylaws of the local union contain any provision exempting a member from dues payments on this basis.” While this result may be unduly harsh to members who also provide valuable service to our nation, we are constrained by Article I of the Rules to apply this precedent. Article II, Section 4(a)(1) of the Rules states 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.” Since Vinson was on withdrawal status commencing in April 2005 and continuing
to June, we find that he suffered a break in continuous good standing. Accordingly, we DENY the protest with respect to John Gerow, Thomas Coleman,
Maria Perez, Patrick Guashino, Kevin Therien, Gloria Morales, Amy Lewis, Glenda
Reyes, Antonio Silva, Lloyd Benthall, Jose Velasquez, Celeste Magana, Noelba
Castano, Mark Feinberg, and Ron King and hold these members ELIGIBLE for
election as delegate or alternate delegate. We GRANT the protest with respect to
Patricia Ward Jenkins and Sam Vinson and hold these members INELIGIBLE for
election as delegate or 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: Kenneth Conboy 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, 1725 K Street, N.W., Suite 1400, Washington, D.C. 20007-5135, all within the time prescribed above. A copy of the protest must accompany the request for hearing. Richard W. Mark DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED): Bradley T. Raymond, General Counsel Sarah Riger, Staff Attorney David J. Hoffa, Esq. Barbara Harvey Ken Paff Judith Brown Chomsky Stephen Ostrach Steven R. Newmark John Gerow, President Patricia Ward Jenkins, Maria Perez Election Services Corporation Lloyd Benthall Noelba Castano Thomas Coleman Mark Feinberg Patrick Guaschino Ronald King Amy Lewis Celeste Magana Gloria Morales Glenda Reyes Antonio Silva Keven Therien Jose Velasquez Sam Vinson |
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