IN RE: ELIGIBILITY OF DAVID WEEKS, Local Union 722
Protest Decision 2010 ESD 38
Issued: October 13, 2010
OES Case No. E-004-100610-MW
Frank Barger, member and principal officer of Local Union 722, timely filed an eligibility protest pursuant to Article XIII, Section 2(b) of the Rules for the 2010-2011 IBT International Union Delegate and Officer Election ("Rules"). The protest alleged that David Weeks is ineligible for election as delegate to the 2011 IBT International Convention and should not appear on the ballot for Local Union 722's delegates and alternate delegates election.
Election Supervisor representative Kathryn A. Naylor investigated this protest.
Findings of Fact and Analysis
Weeks is a cash dues payer. His TITAN record for the 24 month eligibility period showed 2 occasions where he paid his dues late. Thus, he paid his March 2010 dues on April 7, and his May 2010 dues on June 11.
To be eligible to stand for delegate or alternate delegate to the IBT International Convention under Article VI, Section 1(a) of the Rules, a member must: (1) be in continuous good standing with his/her local union, with his/her 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.; (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; and (3) be eligible to hold office if elected. Pursuant to Article X, Section 5(c) of the IBT Constitution, all cash-dues paying members are responsible for paying their dues on or before the last business day of each month within the 24-month period in order to retain good standing status for the purpose of running for delegate, alternate delegate or local union office.
Under this standard, Weeks' late payment of his March 2010 and May 2010 dues renders him ineligible.
Prior to Local Union 722's nominations meeting held October 5, 2010, Weeks asked principal officer Barger to verify his eligibility to run for delegate. Barger did so, advising Weeks in writing that he was ineligible. Weeks then asked that us to review his eligibility. We did so. On October 4, the day before the local union's nominations meeting, we informed Weeks by telephone and in writing that his late payment of dues rendered him ineligible to stand for delegate. We advised Weeks of his right to file a protest or to submit evidence showing that the TITAN record was wrong. Weeks did neither. Instead, Weeks proceeded to accept nomination for delegate at the meeting held October 5, 2010. This protest followed.
We GRANT the protest, find Weeks INELIGIBLE to run delegate and direct that his name not appear on the ballot.
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, 1801 K Street, N.W., Suite421 L, Washington, D.C. 20006, 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
2010 ESD 38
DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington,D.C. 20001
braymond@teamster.org
David J. Hoffa
Hoffa Keegel 2011
1100 Connecticut Avenue, N.W., Ste. 730
Washington D.C. 20036
hoffadav@hotmail.com
Ken Paff
Teamsters for a Democratic Union
P.O. Box 10128
Detroit, MI 48210-0128
ken@tdu.org
Barbara Harvey
1394 E. Jefferson Avenue
Detroit, MI 48207
blmharvey@sbcglobal.net
Fred Gegare
P.O. Box 9663
Green Bay, WI 54308-9663
kirchmanb@yahoo.com
Scott D. Soldon
Previant Goldberg
155 North River Center Drive, Ste. 202
P.O. Box 12993
Milwaukee, WI 53212
sds@previant.com
Fred Zuckerman, President
Teamsters Local Union 89
3813 Taylor Blvd.
Louisville, KY 40215
fredzuckerman@aol.com
Robert M. Colone, Esq.
P.O. Box 272
Sellersburg, IN 47172-0272
rmcolone@hotmail.com
Frank Barger
Teamsters Local Union 722
344 N. 30th Rd.
LaSalle, IL 61301
local722@comcast.net
David Weeks
27439-2670 N A
wks@yahoo.com
William C. "Bill" Broberg
1108 Fincastle Road
Lexington, KY 40502-1838
Phone & Fax: 859-269-5657
wcbroberg@aol.com
Kathryn Naylor
Office of the Election Supervisor
1801 K Street, N.W., Suite 421 L
Washington, D.C. 20006
knaylor@ibtvote.org
Jeffrey Ellison
214 S. Main Street, Ste. 210
Ann Arbor, MI 48104
EllisonEsq@aol.com