IN RE: ELIGIBILITY OF TYLER BUCKNER, BILL ARMSTRONG, JAMES ST. PETER, DENNIS PHILLIPS, MIKE EVANS, MURPHY JONES, BILL WILLIAMS, and MIKE WEBB, Local 391.
Protest Decision 2006 ESD 67
Issued: February 3, 2006
OES Case No. E-06-011-011706-HQ
Claude Gray, member and secretary-treasurer of Local Union 391, 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 Tyler Buckner, Bill Armstrong, James, St. Peter, Dennis Phillips, Mike Evans, Murphy Jones, Bill Williams, and Mike Webb are ineligible for election as delegate to the 2006 IBT Convention under the Rules.
Election Supervisor representative Steven R. Newmark investigated this protest.
Findings of Fact:
Buckner, Armstrong, St. Peter, Phillips, Evans, Jones, Williams and Webb were nominated for delegate or alternate delegate at the nominations meeting held January 14, 2006. The protest alleged that these candidates "may be ineligible … due to the 24 consecutive month rule."
TITAN records for Buckner, Armstrong, St. Peter, Phillips, Evans, Williams, and Webb show that they paid timely dues pursuant to check-off authorizations for the entire 24-month eligibility period.
TITAN records show that Jones was on withdrawal status in February 2004. However, Jones denied requesting or receiving a withdrawal card. Further, documents were produced to our investigator demonstrating that Jones had sufficient earnings that month to satisfy his dues obligation.
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."
We find that Buckner, Armstrong, St. Peter, Phillips, Evans, Jones, Williams, and Webb satisfied the requirement to maintain continuous good standing for the 24-month eligibility period preceding the nomination meeting. Accordingly, we DENY the protest in its entirety and find these candidates ELIGIBLE to run for 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
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, 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
Election Supervisor
cc: Kenneth Conboy
2006 ESD 67
DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001-2198
braymond@teamster.org
Sarah Riger, Staff Attorney
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001-2198
sriger@teamster.org
David J. Hoffa, Esq.
Hoffa 2006
30300 Northwestern Highway, Suite 324
Farmington Hills, MI 48834
David@hoffapllc.com
Barbara Harvey
645 Griswold Street
Suite 3060
Detroit, MI 48226
barbaraharvey@comcast.net
Ken Paff
Teamsters for a Democratic Union
P.O. Box 10128
Detroit, MI 48210
ken@tdu.org
Judith Brown Chomsky
P.O. Box 29726
Elkins Park, PA 19027
jchomsky@igc.org
Stephen Ostrach
1863 Pioneer Parkway East, #217
Springfield, OR 97477-3907
saostrach@gmail.com
Claude Gray, Secretary-Treasurer
IBT Local Union 391
511-F Delta Court
Cary, NC 27513
Tyler Buckner
114 Kizer Street
Mt. Airy, NC 27030
Bill Armstrong
3869 N. Old Car
Rocky Mount, NC 27804
James St. Peter
7030 Pantego Drive
Fayetteville, NC 28314
Dennis Phillips
2231 Hermitage Road
Rocky Mount, NC 27804
Mike Evans
7716 Morefield Drive
Summerfield, NC 27358
Murphy Jones
954 Pauls Creek Road
Cana, VA 24317
Bill Williams
8805 Bend of the
Rocky Mount, NC 27803
Mike Webb
1200 Oak Grove Church Road
Wake Forest, NC 27587
Jack Cipriani, President
IBT Local Union 391
PO Box 35405
Greensboro, NC 27425
J. Griffin "Griff" Morgan
Elliot, Pishko & Morgan
500 West Fourth Street
Winston-Salem, NC 27120
jgmorgan@epmlaw.com
Steven R. Newmark
1725 K Street, NW Suite 1400
Washington, DC 20005
snewmark@ibtvote.org
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com