Eligibility of Curtis, 2016 ESD 183

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: ELIGIBILITY OF                          )           Protest Decision 2016 ESD 183

            BILL CURTIS,                                 )           Issued: April 28 2016

                                                                        )           OES Case No. E-272-042716-SO     

            Local Union 2011.                             )

____________________________________)                                                                  

Les Cantrell, member and delegate candidate in Local Union 2011, filed a pre-election protest pursuant to Article XIII, Section 3(b) of the Rules for the 2015-2016 IBT International Union Delegate and Officer Election (“Rules”).  The protest alleged that Bill Curtis is ineligible for nomination as delegate from that local union.

Election Supervisor representative Jeffrey Ellison investigated this protest. 

Findings of Fact and Analysis

Article VI, Section 1(a) 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; (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.”

            Local Union 2011 is entitled to elect five delegates and five alternate delegates to the IBT convention.  At its nominations meeting held January 5, 2016, ten delegate candidates and ten alternate delegate candidates were nominated.  Two slates were formed.  Protestor Cantrell is a member of the Teamsters Strong slate.  Curtis is a member of the Teamsters United slate.

Following the tally of ballots conducted March 3, 2016, Local Union 2011’s delegates and alternate delegates election was ordered rerun because of a Rules violation that may have affected the outcome of the election.  Schultz, 16 EAM 17 (April 25, 2016).  This eligibility protest was filed after the rerun election was ordered but before ballots were printed.

To verify Curtis’s eligibility during this period, we reviewed TITAN records for dues remitted on his behalf.  Curtis was employed by the local union as a business agent during the entire eligibility period, paying his dues by checkoff authorization.  This dues payment history fully satisfied the obligation to make timely payment of dues on a continuous basis; moreover, the employment as a local union business agent satisfied the employment at the craft obligation. 

Accordingly, we find that Curtis was eligible for nomination as delegate.

The protest does not contest these essential facts.  Rather, it points to Curtis’s resignation from local union employment, effective March 31, 2016, and argues that the resignation has the effect of rendering Curtis ineligible for nomination because he no longer is employed at the craft.

We disagree.  The eligibility criteria stated in the IBT constitution and adopted with some modification in the Rules point to the signal event of nomination and assess each candidate’s qualifications for nomination against whether he/she satisfied the dues payment and work requirements in the 24 months that preceded that nominations meeting.  Once a member is both nominated and elected to the position of delegate or alternate delegate, he/she no longer need satisfy the same continuous good standing requirements that were necessary for nomination.  Instead, the elected delegate or alternate delegate need only be a member in good standing at the time he/she serves in that capacity at the convention. Definition 34 of the Rules defines “member in good standing” as “a member who has paid his/her dues through the month prior to the month in question.”  Notably, that definition does not include the employment at the craft requirement to be nominated for the position of delegate or alternate delegate.  Moreover, under the IBT constitution, an unemployed member may continue his/her membership in good standing for a period of six months following the month in which he was last employed merely by paying the required dues.  Article XVIII, Section 6(a).

Curtis is presently unemployed and has been since his last day of work on March 31, 2016.  However, he remains a member in good standing of Local Union 2011 by paying his dues through April 2016. 

For these reasons, we DENY this protest and find Curtis ELIGIBLE to appear on the ballot for the rerun election.

Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within three (3) 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 183

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