ELECTION APPEALS MASTER
IN RE: ELIGIBILITY OF TIMOTHY MCKAY LOCAL UNION 804, Protestor.
11 Elec. App. 12 (KC)
ORDER
This matter is an appeal from the Election Supervisor's decision 2011 EAD 65 issued January 8, 2011. The appeal was submitted by Timothy McKay, member of Local Union 804.
A hearing was held before me on January 18, 2011. The following persons were heard by way of teleconference: Jeffrey J. Ellison, Esq., for the Election Supervisor; Timothy Sylvester, President Teamsters Local Union 804 and Timothy McKay, protester.
Mr. McKay has been ruled ineligible to seek nomination for delegate because he had a break in the required 24 months of good standing. He became disabled, and while not working did not make dues payments on a timely basis for the months of February and March, 2010.
In his appeal, Mr. McKay argues that Article 6 Section 1(a) of the Rules violates the Teamsters Constitution, Article II, Section 2 (a), which prohibits discrimination against, among others, union members suffering "physical disability." During the hearing, reference was also made to federal statutes and case law banning discrimination based upon disability.
Mr. McKay's case is, as acknowledged by the Election Supervisor, an extremely compelling one. The miseries and afflictions he suffered during his life threatening illness
which caused his withdrawal from active work were endured with extraordinary courage and fortitude. His dedication to and zeal for the democratic process in IBT affairs are remarkable, as noted by Timothy Sylvester, President of Local Union 804, who appeared with and supported Mr. McKay at the hearing.
Regrettably, there is no legal or equitable basis to upset the ruling of the Election Supervisor. The discriminatory conduct condemned in the Teamster Constitution and in federal law is not present here, where there is no disparate treatment of disabled members, that is, they are treated the same way as all others in the continuous good standing and withdrawal card requirement and process.
Accordingly, the decision of the Election Supervisor is in all respects affirmed.
SO ORDERED:
_/s/_______________________
Kenneth Conboy
Election Appeals Master
Dated: January 19, 2011