IN RE: ELIGIBILITY OF DOUGLAS MCCAULEY, Local 445
Protest Decision 2006 ESD 151
Issued: March 17, 2006
OES Case No. E-06-038-030706-HQ
Janet Scherf, a member of Local Union 445, 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"). She alleged that Douglas McCauley 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
At Local Union 445's March 3 nominations meeting, Douglas McCauley was nominated for delegate. The protestor alleged that McCauley was unemployed during the Fall of 2005 and was not actively seeking or available for employment in the craft during that time.
TITAN records show that McCauley paid cash dues timely through December 2005, then paid them timely via check-off in January 2006. The records further show that McCauley was employed by Harold Buchner, Inc. during the Fall of 2005.
McCauley told our investigator that he was laid off in December 2005, and that his last day of work for Harold Buchner, Inc. was December 15, 2005. McCauley claims that when he was laid off he immediately began looking for employment, and in fact was on the seniority list for multiple job sites. McCauley began working for the local union in January 2006 and has been on dues check-off since that time. McCauley has produced pay stubs for 2005 that show that he was, in fact, employed for each of the months at issue. The protestor has not provided any contrary evidence.
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."
The Rules provide that "the active employment at the craft requirement may be excused by unemployment if, for the period of unemployment, the member was actively seeking and available for employment in the craft and not working outside the craft during such period of unemployment …" Article VI, Section 2(b). We find that McCauley was unemployed for a period of less than a full month, and, in addition, was employed, in each of the twenty-four months of the eligibility period. We further find that during his brief period of unemployment, McCauley was actively seeking full time employment at the craft.
Accordingly, we DENY this protest and find McCauley 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 151
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
Janet Scherf
47 Moller Road
Jeffersonville, NY 12748
Jscherf@localnet.com
Douglas McCauley, Secretary-Treasurer
Local Union 445
P.O. Box 2097
Newburgh, NY 12550
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