March 22, 1996
VIA UPS OVERNIGHT
Ron Prieur
March 22, 1996
Page 1
Ron Prieur
9260 Hilton Road
Brighton, MI 48116
Rondal Owens, President
Teamsters Local Union 299
2741 Trumbull Avenue
Detroit, MI 48216
Bob Lemle
1864 Rhode Island
Holland, OH 43528
James D. Jackson
165 Hawn Branch Road
Bimble, KY 40915
Jim Carothers
10040 Marion Road
Redford, MI 48239
Ron Prieur
March 22, 1996
Page 1
Re: Election Office Case No. E-130-LU299-EOH
Gentlemen:
Local Union 299’s nominations meeting was held on March 10, 1996. At the meeting Ron Owens and James D. Jackson were nominated to run for delegate and Bob Lemle and
Jim Carothers were nominated to run for alternate delegate to the International convention. By letter received by the Election Officer on March 12, 1996, Ron Prieur, a member of Local Union 299, protests the eligibility of these candidates to run for delegate or alternate delegate.
Mr. Prieur alleges that Mr. Owens and Mr. Jackson are not eligible because they have both been suspended by the Independent Review Board (“IRB”) and therefore have not maintained 24 consecutive months of continuous good standing prior to their nomination as required by the Rules for the IBT 1995-1996 International Union Delegate and Officer Election (“Rules”). In addition, he alleges that Mr. Lemle voluntarily transferred into Local Union 299 during the relevant 24-month period and, thus, does not have the required
Ron Prieur
March 22, 1996
Page 1
24 months’ good standing. Finally, Mr. Prieur alleges that Mr. Carothers’ dues are paid by the IBT, a practice prohibited by the IBT Constitution and the local union bylaws. The protester contends that Mr. Carothers is ineligible as a result.
Article VII, Section 1(a) of the Rules provides:
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.
Eligibility of Ron Owens and James D. Jackson
The protester alleges that Messrs. Owens and Jackson were “suspended by the Independent Review Board (IRB) for nepotism and job-rigging.” Mr. Prieur contends that these suspension constitute breaches of the 24-month-continuous-good-standing requirement in the Rules. The investigation revealed that Messrs. Owens and Jackson were suspended from holding union office by General President Ron Carey. Mr. Owens was suspended from June 1994 to December 1994, and Mr. Jackson was suspended from June 1994 to June 1995. These suspensions do not represent a gap in the candidates good standing because they applied only to the ability of Messrs. Owens and Jackson to hold union office. Neither was suspended from union membership. These suspensions, therefore, do not constitute “interruptions of active membership” referred to in Article VII, Section 1(a)(1).
Accordingly, it is the determination of the Election Officer that Messrs. Owens and Jackson are eligible to run for delegate or alternate delegate to the International convention.
Eligibility of Bob Lemle
The protester alleges that Mr. Lemle has been a member of Local Union 299 for less than 24 months because he voluntarily transferred into the local union’s jurisdiction during the relevant 24-month period.
Ron Prieur
March 22, 1996
Page 1
Article VII, Section 2(g) of the Rules states:
In the case of a member who has been involuntarily transferred from one Local Union to another, such member must have worked at the craft under the jurisdiction of the original Local Union and must have been so employed and in continuous good standing on a cumulative basis in both Local Unions for a total of twenty-four (24) consecutive months prior to the month of nomination.
According to the investigation, Mr. Lemle transferred into Local Union 299 from Local Union 20 in November 1994. This transfer occurred because Mr. Lemle’s employer, under an approved change of operations, phased out positions at its Toledo, Ohio facility and transferred workers with sufficient seniority to its facility in Romulus, Michigan. Mr. Lemle was offered as position at the Romulus facility and accepted it.
The Election Officer has previously held that transfers which occur as a result of a change of operations are involuntary. See Gray, E-005-LU325-EOH (September 18, 1995). Since Mr. Lemle has maintained continuous good standing for 24 cumulative months at both local unions, his eligibility does not suffer because of the transfer.
Accordingly, it is the determination of the Election Officer that Mr. Lemle is eligible to run for delegate or alternate delegate to the International convention.
Eligibility of Jim Carothers
The protester alleges that Mr. Carothers’ dues are paid by the IBT in violation of the IBT constitution and the bylaws of Local Union 299. The investigation revealed that
Mr. Carothers is a steward at Local Union 299. The TITAN record indicates that his dues are paid by the local union in accordance with its policy of paying stewards’ dues.
Article X, Section 7(e) of the IBT Constitution states, in pertinent part:
A Local Union by Bylaw amendment may waive the obligation of shop stewards to pay dues, provided that the waiver shall in no way affect the eligibility of such shop stewards to run for office or their entitlement to any other rights or benefits . . .
Further, Section 12(A)(7) of the bylaws of Local Union 299 states, in relevant part:
Members selected to serve as shop stewards shall have their dues paid by their Local Union in accordance with conditions and eligibility rules established by the Local Union Executive Board.
Ron Prieur
March 22, 1996
Page 1
Local Union 299 has an established policy, memorialized in its bylaws, of paying the dues of its stewards. This policy is in accord with the IBT Constitution. As a result, the payment of Mr. Carothers’ dues by Local Union 299 does not cause him to lose good standing, as defined by the Rules.
Accordingly, it is the determination of the Election Officer that Mr. Carothers is eligible to run for delegate or alternate delegate to the International convention.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within one day of receipt of this letter. The parties are reminded that, absent extraordinary circumstances, no party may rely upon evidence that was not presented to the Office of the Election Officer in any such appeal. Requests for a hearing shall be made in writing and shall be served on:
Kenneth Conboy, Esq.
Latham & Watkins
885 Third Avenue, Suite 1000
New York, NY 10022
Fax (212) 751-4864
Copies of the request for hearing must be served on the parties listed above as well as upon the Election Officer, 400 North Capitol Street, Suite 855, Washington, D.C. 20001, Facsimile (202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Barbara Zack Quindel
Election Officer
cc: Kenneth Conboy, Election Appeals Master
William Wertheimer, Regional Coordinator