Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: ELIGIBILITY OF                          )           Protest Decision 2016 ESD 89

            HOWIE HAWKINS,                        )           Issued: January 27, 2016

                                                                        )           OES Case No. E-119-012316-NE

            Local Union 317.                               )                      

____________________________________)

            We issued our decision in Eligibility of Howie Hawkins, 2016 ESD 87 (January 27, 2016), finding Hawkins eligible for nomination as delegate of Local Union 317.  That decision addressed the only eligibility defect that protestor May claimed in his interview with our investigator, the alleged dues lapse for the month of June 2014.  We concluded that Hawkins had compensation in May 2014 sufficient to fund his dues obligation for June, and UPS, per its usual practice of deducting dues one month in advance of the month in which they are due, could have deducted and remitted dues from the May compensation to pay Hawkins’s dues through June.  Our holding was based on the well-established principle, supported by myriad precedents, that a member is entitled to rely on his check-off authorization for payment of dues, provided he has sufficient compensation from wages, vacation, sick leave benefits, or holiday pay to fund those dues.

Following issuance of that decision, protestor Mark May contacted our investigator to raise an alleged lapse in Hawkins’s dues he had not previously identified.

            We issue this supplemental decision to address the newly raised contention.  In doing so, we adopt here the findings and conclusions set forth in the previous decision.

            Protestor May contends that Hawkins suffered an additional lapse of good standing in October 2014.  A close examination of the evidence shows this contention lacks merit.

            As indicated in our previous decision, Hawkins’s TITAN shows the following dues payment record in early 2014:

The compensation we found Hawkins received in May 2014 was sufficient to fund his dues obligation for June.  Had dues from this sum been deducted and remitted to the local union, the next payments actually posted to Hawkins’s dues record would have shown the following:

As such, Hawkins’s dues for the first eight months of the eligibility period – January through August – would have shown no interruption attributable to lapse in dues payment.

Proceeding with the analysis, Hawkins took leave from his employment in September 2014.  He was paid for Labor Day.  After deduction of taxes and salary deferment, the balance of his compensation for this day was given over to dues.  The sum left for dues was $38.42, which was less than the dues tax rate of $51.  As such, had Labor Day been his only compensation from the employer in September, his dues for the month would have fallen short of the amount required, and he would have suffered a lapse in the continuous good standing necessary to be eligible for delegate nomination.  However, he received vacation pay for the week beginning September 28, 2014.  We find this vacation pay was sufficient to fund the remaining dues of $12.58 to pay his September 2014 dues in full.  The proof of this point is that Hawkins’s regular weekly schedule begins on Monday at about 11 p.m. and ends the ensuing Saturday at about 7 a.m.  As Monday and Tuesday, September 29 and 30, 2014 were compensated with vacation pay, we find that Hawkins had sufficient additional compensation attributable to September from which the remaining dues for September could have been deducted.

            In October 2014, Hawkins was paid more than forty additional hours of vacation pay, a sum sufficient to fund his October dues obligation.  November 2014 saw him return from leave to work full time, and dues were deducted from his November compensation.  A member on check-off whose sole earnings in a month are from vacation pay retains good standing for that month, even though the employer fails to deduct and remit dues from the vacation pay.  Eligibility of Mattia, 2006 ESD 64 (February 1, 2006), aff’d 06 EAM 10 (February 14, 2006); Eligibility of Tatum, 2006 ESD 149 (March 7, 2011); Eligibility of McCoy, 2016 ESD 69 (January 15, 2016).  Accordingly, Hawkins was entitled to rely on his check-off authorization to UPS for deduction of dues in September and October 2014. 

            As the balance of the eligibility period saw Hawkins earning wages in each month sufficient to fund his monthly dues obligation, we find he has satisfied the 24-month good standing requirement and hold him ELIGIBLE for nomination.

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:

Kathleen A. Roberts

Election Appeals Master

JAMS

620 Eighth Avenue, 34^th floor

New York, NY 10018

kroberts@jamsadr.com

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, 1050 17^th Street, N.W., Suite 375, Washington, D.C. 20036, all within the time prescribed above.  A copy of the protest must accompany the request for hearing.

                                                                        Richard W. Mark

                                                                        Election Supervisor

cc:        Kathleen A. Roberts

            2016 ESD 89 

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