IN RE: ELIGIBILITY OF TIMOTHY RICH, Local Union 456
Protest Decision 2006 ESD 106
Issued: February 27, 2006
OES Case No. E-06-028-021406-HQ
Robert Roberge, principal officer of Local Union 456, 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") against Timothy Rich. At the nomination meeting for LU 456, Timothy Rich was nominated for delegate by Nicholas Vieira, and seconded by Dominic Frankenberry.
Election Supervisor representative Steven R. Newmark investigated this protest.
Findings of Fact
The protestor alleged that Rich was ineligible to be nominated and further that Vieira and Frankenberry were ineligible to nominate and second Rich.
TITAN records indicate that Rich, Vieira, and Frankenberry paid dues timely for the 24-month eligibility period by check-off authorization except for the months of January, February, and March 2004. TITAN shows that no dues were paid or posted during these months. However, the TITAN records for each of the three members shows twelve (12) dues payments posted in April 2004.
Investigation showed that all three members have worked in the jurisdiction of Local Union 456 for the duration of the eligibility period.
Jane Gordineer, local union office manager, told our investigator that the local union upgraded its computer system during the period January through March 2004 and that no dues were posted to TITAN during the upgrade process. Gordineer verified that the dues these three members paid during those three months were posted in April 2004.
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."
To be eligible to nominate or second a nomination, a member must be "in good standing, … with his/her dues paid through the month prior to the nominations meeting." Article II, Section 5(h).
We find that Rich timely paid dues by check-off authorization in each of the 24 months of the eligibility period. We further find that Vieira and Frankenberry were in good standing as of the month before the month of the nominations meeting.
Accordingly, we DENY the protest and hold Rich 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
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 106
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
Robert Roberge, Secretary-Treasurer
IBT Local Union 456
603 Depew Street
Peekskill, NY 10566
Timothy Rich
P.O. Box 424
Kerhonksun, NY 12458
David F. Reilly
22 West Main Street
P.O. Box 457
North Kingston, RI 02852
dreilly@rooltd.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