IN RE: ELIGIBILITY OF ERNEST PURSLEY and LARRY LEE HOGUE, Local 528.
Protest Decision 2006 ESD 75
Issued: February 9, 2006
OES Case No. E-06-023-012606-HQ
Maurice Cobb, a member of Local Union 528, 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"). He alleged that Ernest Pursley and Larry Lee Hogue 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
At the nomination meeting held January 8, 2006, Pursley and Hogue were nominated for delegate. The protest alleges that Pursley is ineligible for this position because he fails to satisfy the 24-month continuous good standing requirement. The protest alleges that Hogue is ineligible because his nomination was seconded by a member who was not in good standing.
TITAN records of Pursley show that he transferred into Local Union 528 from Local Union 519 in June 2005 as an employee of Roadway Express. He has paid dues to Local Union 528 timely pursuant to check-off authorization since that time. Prior to the transfer, Pursley's dues payments to Local Union 519 were timely made pursuant to check-off authorization with the same employer. The transfer occurred when Roadway closed its White Pine, Tennessee terminal, which was under the jurisdiction of Local Union 519.
Hogue's nomination was seconded by Raymond Smith. Smith's TITAN record shows that he pays dues pursuant to check-off authorization with Atlas Cold Storage and has since summer 2005, when his former employer, Ruan Transport, sold its operations to Atlas. Smith established to our investigator that he had sufficient earnings in each month of 2005 - both before and after the transfer from Ruan to Atlas - to fund his dues obligation. This evidence also established that dues were deducted from Smith's wages in each such month. The local union's TITAN operator told our investigator that Atlas often is not prompt in its dues remittances to the local union.
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."
Members must maintain continuous good standing in the same local union for the entire eligibility period. Kent, E36 (January 25, 1996). However, a member who has been involuntarily transferred during the eligibility period maintains continuous good standing. IBT Constitution, Article II, Section 4(d). A transfer is involuntary: 1) if the member has to do so to retain employment in the craft; or 2) where the transfer occurs for greater seniority protection, even if the member had the choice of remaining at the original local union in a less desirable position. Vasquez, E77 (February 15, 1996) (member's terminal closed, thus requiring transfer.)
A member on dues check-off retains his good standing even if his dues were remitted late or not at all, provided he gave 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); Reynozo, 2005 ESD 18 (October 25, 2005); aff'd, 06 EAM 05 (January 4, 2006).
We find that Pursley's transfer from Local Union 519 to Local Union 528 was required by the closing of the terminal at which he had worked. Accordingly, his transfer was involuntary and did not constitute a break in continuous good standing. For this reason, we DENY this aspect of the protest and find Pursley ELIGIBLE to run for delegate or alternate delegate to the 2006 IBT convention.
We also find that Smith was a member in good standing as of the date of the local union's nomination meeting because he had executed a check-off authorization and had sufficient earnings to fund his monthly dues obligation. Accordingly, we DENY the second aspect of this protest and find that the candidate whose nomination Smith seconded, Larry Lee Hogue, is ELIGIBLE to run for delegate to the 2006 IBT Convention.
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
885 Third Avenue, Suite 1000
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 75
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
blmharvey@sbcglobal.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
Maurice Cobb
121 Fox Run Court
McDonough, GA 30253
Ernest Pursley
34 Wildflower Drive
Ringold, GA 30736
ernpur@aol.com
Raymond Smith
3975 Tyler Court
Ellenwood, GA 30294
Larry Lee Hogue
385 Davis Road
Hiram, GA 30141
J. Griffin "Griff" Morgan
Elliot, Pishko, Morgan
426 Old Salem Road
Winston-Salem, NC 27101
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