IN RE: ELIGIBILITY OF FRANK FIORENZA, Local Union 804
Protest Decision 2006 ESD 144
Issued: March 24, 2006
OES Case No. E-06-039-030706-HQ
Frank Fiorenza, a member of Local Union 804, 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 challenged the Election Office determination that he is 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
On March 2, 2006, the Election Office determined that Fiorenza was ineligible to run as a delegate to the 2006 IBT Convention. We sent a letter of ineligibility that provided the following explanation:
You were on a withdrawal beginning March 2005 to July 2005 and did not begin to make payments until August 2005 relinquishing your continuous good standing.
According to TITAN records, Fiorenza is on check-off; however, he took a withdrawal card on March 15, 2005 and did not deposit it until August 19, 2005. He provided an explanation of this withdrawal in a letter dated February 13, 2006, when he requested eligibility verification from OES. He stated he was injured at work by an irate customer, required knee surgery from the incident, and took time off to recuperate from surgery.
Fiorenza stated on March 1, 2006 that while on withdrawal he was not required to pay dues according to Local Union 804 existing practice. He further stated that he would have paid the dues had the local union told him to do so. Tony Donato, Trustee at Local 804, confirmed this practice and stated that as far as the local is concerned members remain in good standing with the local if they are out of work due to an injury.
Fiorenza also stated that Election Office representatives Art Wasserman and David Reilly gave him oral confirmation of his eligibility at the nominations meeting on February 26, 2006.
However, Wasserman and Reilly deny making any statement declaring Fiorenza eligible. Further, Wasserman and Reilly stated that Fiorenza did not tell that that the Election Office had determined Fiorenza to be ineligible.
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."
Further, under Article II, Section 4 of the IBT constitution, to be eligible for election to any office in a Local Union, "a member must be in continuous good standing in the Local Union in which he is a member and in which he is seeking office. 'Continuous good standing' means compliance with the provisions of Article X, Section 5, concerning the payments of dues for a period of twenty-four (24) consecutive months, together with no interruptions, expulsions, withdrawals, transfers, or failure to pay fines or assessments. Provided, however, that if a member on withdrawal deposits his card in the month immediately following the month for which his withdrawal was effective and pays his dues for both months in a timely manner, such period of withdrawal shall not be considered a break in continuous good standing in the Local Union." (Emphasis supplied.)
We find that Fiorenza did not satisfy the IBT constitution requirement of retaining his continuous good standing that is required to run for delegate because his withdrawal period lasted more than four (4) months. The manner in which Local Union 804 treats its members on injury leave does not override the strict eligibility requirements of the IBT constitution.
Accordingly, we DENY this protest and find that Fiorenza is INELIGBLE to run for election to be 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 144
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
Frank Fiorenza
219 Freedom Avenue
Staten Island, NY 10314
onetools@aol.com
Howard Redmond, Secretary-Treasurer
Local Union 804
24-31 Review Avenue
Long Island City, NY 11101
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