Protest Decisions

Lorne Smith, a member and elected delegate of Local Union 340, filed a protest pursuant to Article XIII of the Rules for the 2010-2011 IBT International Union Delegate and Officer Election (“Rules”).  The protest alleged that Local Union 340 violated the Rules by not paying Smith wages or salary during the period of time he serves as a delegate at the IBT convention. 

            Election Supervisor representative Deborah Schaaf investigated this protest.

Findings of Fact and Analysis

            The Advisory Regarding Payment of Expenses for Convention Delegates and Alternate Delegates to the 28^th International Convention of the International Brotherhood of Teamsters (Advisory), issued March 25, 2011, requires local unions to pay four categories of compensation to delegates and alternates (if applicable) during their attendance at the IBT convention in Las Vegas.  Thus, local unions must pay travel expenses to and from the convention, a per diem, the hotel expenses, and wages and salary.

            Protestor Smith alleged that the local union violated the advisory by failing to pay him wages or salary for attendance at the convention.  In this regard, the advisory provides that “[d]elegates and alternate delegates who are paid on an hourly basis must be paid their straight time hourly wages for forty hours, excluding overtime, mileage, or other premiums, which will be deemed to cover the period of time spent at the Convention.”

            Smith was formerly employed by UPS until it moved its operation from Maine to Massachusetts effective May 13, 2011.  He has had no employment since that time, although he retains recall rights with that employer.  As such, he is not presently paid a salary or a wage from any employer, and Local Union 340 has no obligation under the Advisory to pay him either.

            The wages and salary portion of the Advisory is in place to require a local union to replace the regular compensation a delegate or alternate delegate earns so that the person need not resort to vacation time for continuation of compensation during the week at the convention.  Where a delegate or alternate delegate has no regular compensation because of loss of employment, the local union has no compensation to replace.

Accordingly, we DENY this protest.

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, NY 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., Suite 421 L, Washington, D.C. 20006, all within the time prescribed above.  A copy of the protest must accompany the request for hearing.