Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: FRANK HALSTEAD,                   )           Protest Decision 2016 ESD 162

                                                                        )           Issued: April 8, 2016

            Protestor.                                           )           OES Case No. P-148-020616-FW     

____________________________________)

            Frank Halstead, member of Local Union 572, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2015-2016 IBT International Union Delegate and Officer Election (“Rules”).  The protest alleged in part that Rick Middleton retaliated against James Motty for protected activity under the Rules by issuing him a withdrawal card.

            Election Supervisor representative Michael Miller investigated this protest.

Findings of Fact and Analysis

             James Motty was suspended from First Student’s Pasadena, California facility in June 2015, the suspension being converted to a dismissal in July.  He grieved the employer’s actions as not for just cause.  While the grievance was pending, Motty paid cash dues to Local Union 572 in order to maintain continuous good standing.

            On January 4, 2016, Motty’s tender of dues to the local union was rejected and he was advised that he had been place on automatic honorable withdrawal pursuant to Article XVIII, Section 6(a) of the IBT constitution.  That provision provides the following, in relevant part:

When a member becomes unemployed in the jurisdiction of the Local Union, he shall be issued an honorable withdrawal card upon his request.  If no request is made, an honorable withdrawal card must be issued six (6) months after the month in which the member first becomes unemployed, if he is still unemployed at that time. 

            The protest alleged that Rick Middleton, principal officer of Local Union 572, issued the withdrawal card to deny Motty the rights accorded to members under the Rules to “campaign, donate money, vote for and support the candidates of his choice.”  The protest further asserted that Motty is an open supporter of the Teamsters United slate in Local Union 572’s delegates and alternate delegates election, which opposes the slate led by Middleton.

Investigation showed that the withdrawal card issued to Motty was a ministerial act by a staff member at Local Union 572, performed pursuant to established constitutional provision and without Middleton’s direction or knowledge. 

            On January 21, 2016, Motty made a second attempt to tender dues and retain membership status.  The local union’s office manager sought guidance from the IBT and was advised that, because Motty’s grievance protesting his suspension and dismissal remained pending and would not be resolved for several months, the local union could accept his dues notwithstanding the cited constitutional provision and maintain his good standing.  Based on this advice, the local union accepted Motty’s dues that same day.

            On this basis, we deem this protest RESOLVED.

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 162 

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