Protest Decisions

IN RE: CORNEAL STRAUGHTER, CHANEL TELL, CORNEL BENFORD, ESMERELDA CUEVAS, GAIL ISENBERG, PATRICIA PURNELL, PATRICIA TURNER, ANTOINETTE HAIRSTON, OSCAR HUNTER, RAUL GONZALEZ, JAMES RUFFIN, HOMER LAMBERT, STEVEN JACKSON, JUAN BLANCARTE, SONYA BROWN, RICARDO CANTU, ROGER CARMAN, JAMES COGAN, APRIL THOMAS, CORNEAL STRAUGHTER, GEORGE STRAHAN, ESTELLA STOKES, IDA SPANN, JOSE SANCHEZ, CAROLYN SAMS, GLENDA ROBINSON, LUDELLA McKAY-PAGE, RUBY MASON, RENITA NEAL-ALLEN, GARY MAMLIN, ERICA JOHNSON, SHDRAK GOODLOE, BETTY RICHARDSON, DIANE STRICKLAND, VICTORIA WAGNER, and REGINALD FORD.

Eligibility Decision 2001 EAD 103
Issued: January 25, 2001
OEA Case Nos. E010413MW, E010513MW, E010514MW, E010515MW, E010516MW, E010517MW, E010518MW, E010519MW, E0105110MW, E0105111MW, E0105112MW, E0105113MW, E0105114MW, E0105115MW, E0105116MW, E0105117MW, E0105118MW, E0105119MW, E0105120MW, E0105121MW, E0105122MW, E0105123MW, E0105124MW, E0105125MW, E0105126MW, E0105127MW, E0105128MW, E0105129MW, E0105130MW, E0105131MW, E0105132MW, E010814MW, E011514MW, E011515MW, E011516MW, E011517MW

See also Election Appeals Master decision 01 EAM 23 (KC)

Local 743 held its nomination meeting on January 3, 2001. On January 4, 2001, the Election Administrator received an eligibility protest from Kathy Kleckner, campaign manager for the 743 New Leadership slate of Local 743, protesting the alleged failure of the local union to allow Corneal Straughter, a member of her slate, to pay his dues on Friday, December 29, 2001. On January 5, 2001, Cassandra Davis, an organizing director for Local 743, filed protests with the Election Administrator claiming that thirty members were ineligible to run for delegate to the IBT convention. On January 8, 2001, the Election Administrator received a protest from Kathy Kleckner claiming that Shdrak Goodloe, a member of the Hoffa Take Back slate, was ineligible to run for candidate. On January 15, 2001, the Election Administrator received an additional four protests filed by Kathy Kleckner against four members of the Hoffa Take Back slate, Betty J. Richardson, Diane Strickland, Victoria Wagner, and Reginald D. Ford, claiming that these members were ineligible to run as candidates.

By letters submitted between January 22 and January 25, 2001, Ms. Davis withdrew her protests against all candidates except Chanel L. Tell, Cornel D. Bedford, Ricardo Cantu, April Thomas, Corneal Straughter, Jose Sanchez, Carolyn Sams, Raul Gonzalez, Oscar Hunter, James Ruffin, and Estella Stokes. The four protests filed by Ms. Kleckner on January 15, 2001, are DENIED as being untimely filed. See Lawrence, 2000 EAD 19 (September 8, 2000), and cases cited therein at p. 3. The remaining protests have been consolidated for the purposes of this decision.

Election Administrator representative Lois M. Tuttle investigated these protests.

In order to be eligible to run for delegate or alternate delegate to the IBT International Convention, a member must be in continuous good standing with her local union, with her dues paid to the local union for a period of 24 consecutive months prior to the month of nomination with no interruption in active membership due to suspensions, expulsions, withdrawals, transfers or failure to pay fines or assessments. Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules"), Article VI, §1(a)(1).

Chanel L. Tell

The TITAN record reflects that on June 1, 1999, an entry was made showing Mr. Tell, a checkoff dues paying member, suspended for the period February through June 1999. According to the Local 743 TITAN operator, Mr. Tell was automatically suspended after he was laid off between March and June 1999. The TITAN operator stated that the local placed him on suspension after it received no dues from him for ninety days.

Mr. Tell never contacted this office to dispute this account, even after being notified by letter sent by next day delivery on January 19, 2001 that our office might find him ineligible if he did not immediately contact us.

Accordingly the Election Administrator finds that Mr. Tell is ineligible to run for delegate or alternate delegate to the International Convention.

Cornel D. Benford

The TITAN record reflects that for twenty-two months of the eligibility period, Mr. Benford was a "Fair Share" employee rather than a Teamster member. The TITAN record reflects that in late Fall 2000, Mr. Benford signed a checkoff card and became a Teamster member.

According to the TITAN operator and Business Agent Reginald Ford, the "Fair Share" code means that Mr. Benford, a University of Chicago employee, elected until recently not to be a Teamster member but, instead, to pay his "fair share" (approximately 85% of the union dues amount) as required by law.

Mr. Benford disputes that he was a "Fair Share" employee until just recently, claiming that he signed a checkoff card years ago. He promised to fax a copy of this card should he find it. He has not done so.

Without a copy of his checkoff card, the Election Administrator finds Mr. Benford's claim unpersuasive. Therefore, we find that Mr. Benford is ineligible to run as a delegate or alternate delegate to the International Convention.

Ricardo Cantu

Investigation revealed that Mr. Cantu did not become employed at a Teamster job until late December 1998 or early January 1999, and that he did not achieve seniority until February 1, 1999. Mr. Cantu's initiation fee was not paid in full until April 8, 1999.

Mr. Cantu could not have attained membership as a Teamster until his probationary period was completed and his initiation fee fully paid. Article XIV, Section 1(b) of the IBT Constitution. Here, Mr. Cantu's probationary period was not completed by January 1, 1999, the start of the 24-month eligibility period. He also did not pay his initiation fee by that date. Therefore, he could not have established his 24-month period of continuous eligibility required of a candidate.

Therefore, we find that Mr. Cantu is ineligible to run as a delegate or alternate delegate to the International Convention.

April Thomas

Investigation revealed that Ms. Thomas did not achieve seniority status at a Teamster job until December 1, 1999, and she did not fully pay her initiation fee until March 2, 2000. As such, she could not have established her 24-month period of continuous eligibility.

Therefore, we find that Ms. Thomas is ineligible to run as a delegate or alternate delegate to the International Convention.

Jose Sanchez

Investigation revealed that Mr. Sanchez did not achieve seniority status at a Teamster job until May 1, 1999, and that he has still not fully paid his initiation fee.

Therefore, we find Mr. Sanchez INELIGIBLE to run as a delegate or alternate delegate to the International Convention.

Carolyn Sams

Investigation revealed that Ms. Sams did not achieve seniority status at a Teamster job until May 1, 1999, and that she still has not fully paid her initiation fee.

Therefore, we find Ms. Sams INELIGIBLE to run as a delegate or alternate delegate to the International Convention.

Raul Gonzalez

The TITAN record reflects that Mr. Gonzalez was on withdrawal for the period between April 1989 and April 2000, and that he paid no dues between April 1989 and March 2000.

Mr. Gonzalez admitted to Eligibility Investigator Nicholai Finizio that his withdrawal was voluntary and that he paid no dues during this period. Mr. Gonzalez further stated that during his period of withdrawal, he was working at a non-Teamster job. He did not provide a reason why.

Mr. Gonzalez therefore failed to meet both the requisite 24-month continuous good standing requirement of Article VI, Sec. 1(a)(1) of the Rules as well as the employment of the craft provision of Article VI, Sec. 1(a)(2) of the Rules. As such, he is INELIGIBLE to run as a delegate or alternate delegate.

Oscar J. Hunter

Investigation revealed that Mr. Hunter took a voluntary withdrawal between the period May through August 1999, and that he paid no dues for June through July 1999.

Therefore, we find Mr. Hunter INELIGIBLE to run as a delegate or alternate delegate.

Corneal Straughter

Mr. Straughter submitted a timely eligibility verification request to the Election Administrator on December 18, 2000. Election Administrator representative Lois M. Tuttle investigated his request and determined that Mr. Straughter had voluntarily taken a withdrawal during two different periods, between August and September 1999, and between October and December 1999; and that Mr. Straughter had paid no dues for the months of September, November, and December 1999.

In accordance with the provision of Article II, Sec. 4(a)(1) of the IBT Constitution, the Election Administrator determined Mr. Straughter ineligible by notice mailed to Mr. Straughter by Next Day Air on December 29, 2000. By the terms of this Notice, this decision became final upon failure of Mr. Straughter to appeal the Election Administrator's decision within two days of receipt of this decision. In a January 15, 2001 conversation with Ms. Tuttle, Mr. Straughter admitted that he had received a copy of the Election Administrator's notice of ineligibility on or about December 30, 2000, but that he had never appealed this decision. Therefore, the decision on his ineligibility became effective by the close of business day on January 3, 2001.

Ms. Davis filed a timely protest as to Mr. Straughter's eligibility on January 3, 2001. However, her protest is moot as the Election Administrator's determination as to Mr. Straughter's ineligibility became final by the close of business on that same day.

Ms. Kleckner's protest filed on January 4, 2001 charged that the local's TITAN operator refused to allow Mr. Straughter to make dues payments on Friday, December 29, 2000. Even if true, this would not affect Mr. Straughter's eligibility to run as a delegate or alternate delegate as he could not retroactively cure the withdrawals and/or missing payments from Fall 1999. Her protest, docketed as PR010412MW, has been assigned to another investigator, Dennis Sarsany, for a ruling on the alleged conduct but not on Mr. Straughter's previously-determined ineligibility.

The Election Administrator therefore DENIES Ms. Kleckner's protest regarding Mr. Straughter's eligibility and DISMISSES Ms. Davis' protest as moot. He finds that his decision finding Mr. Straughter INELIGIBLE became final on January 3, 2001.

Estella Stokes

Investigation revealed that Ms. Stokes was an employee of the University of Chicago Hospital until mid-October 1999, where she was a checkoff member. However, in October 1999 Ms. Stokes was notified that the community outreach center where she worked, the Family Health Center, would be separating from the hospital. She was given the option to stay with the University of Chicago Hospital in another capacity or to go to the Family Health Center. Ms. Stokes chose the latter.

When Ms. Stokes chose to work at the Family Health Center, she had an obligation to timely pay her November and December 1999 dues on a cash basis since the Family Health Center had not yet completed negotiations with Local 743. Since she was no longer a University of Chicago Hospital employee, it could no longer make her checkoff payments after October 1999. However, Ms. Stokes has failed to make any dues payments since University of Chicago Hospital transmitted her last checkoff payment in October 1999.

The Election Administrator therefore finds Ms. Stokes INELIGIBLE to run as a delegate or alternate delegate to the International Convention.

James Ruffin

Ms. Davis protested Mr. Ruffin's eligibility on the basis that his nominator, Ms. Stokes, did not have a full 24 month period of continuous eligibility. However, this is the wrong standard. In order for Ms. Stokes to have been eligible as Mr. Ruffin's nominator, she would have had to have paid her dues through the month prior to the nominations meeting by the day before the nominations meeting date. In this case, as of January 2, 2001, the day before Local 743's nominations meeting, Ms. Stokes was only paid through the month of September 2000.

The Election Administrator therefore finds Mr. Ruffin INELIGIBLE to run as a delegate or alternate delegate because his nominator, Ms. Stokes, was INELIGIBLE to nominate him.

Shdrak Goodloe

Ms. Kleckner protested Mr. Goodloe's eligibility on the basis that he had retired from his job at University of Chicago Hospitals in November 1999 and that he therefore ceased to be a member as of that date.

Investigation with the local's TITAN operator revealed that Mr. Goodloe had, in fact, retired from the local on November 1, 1999.

The Election Administrator therefore finds that Mr. Goodloe INELIGIBLE to run as a delegate or alternate delegate.

Any interested party not satisfied with these determinations 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 Administrator 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

Election Appeals Master

Latham & Watkins

Suite 1000

885 Third Avenue

New York, New York 10022

Fax: 212-751-4864

Copies of the request for hearing must be served upon the parties listed above, as well as upon the Election Administrator for the International Brotherhood of Teamsters, 727 Fifteenth Street, N.W., 10^th Floor, Washington, D.C. 20005, all within the time period prescribed above. A copy of the protest must accompany the request for hearing.

William A. Wertheimer, Jr.

Election Administrator

cc: Kenneth Conboy, Election Appeals Master

Dennis M. Sarsany, Midwest Area Regional Director

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