PERRY SHAPIRO, QUINDEL, SAKS & LERNER, S.C.

ATTORNEYS AT LAW

823 NORTH CASS STREET

P.O. BOX 514005

MILWAUKEE, WISCONSIN 53203-3405


RICHARD PERRY 42
 AMY L. SHAPIRO
 BARBARA ZACK QUINDEL
 RICHARD SAKS 414/272.7400
 B. MICHELE SUMARA FAX 414/272.7450

 OF COUNSEL:
 ROBERT J. LERNER

February 12, 2001

BY UPS OVERNIGHT
James W. McGough
2615 W. Peterson Ave.
Chicago, IL. 60659

Reggie Robinson
4115 W. 127th St.
Alsip, IL 60803

Re: Eligibility Protest on Reggie Robinson

Dear Sirs,

At the candidate examination meeting following nominations, James W. McGough filed a protest regarding the eligibility of Reggie Robinson. A copy of the protest is enclosed. Attorney Richard Saks of this office investigated the protest.

Mr. McGough protests the eligibility of Reggie Robinson to stand for election in LIUNA Local 2 for the position of Secretary-Treasurer. Mr. McGough alleges that Mr. Robinson fails to satisfy the criterion set forth in Article V, Sec. 4 of the LIUNA Uniform Local Constitution in that Robinson has not been "working at the calling" since his discharge from a paid Local 2 staff position on October 28, 2000.

Article V, Sec. 4(d) provides that "working at the calling" includes "[p]eriods of unemployment where the member was available for and continuously sought employment at the calling which shall be understood to require full compliance with the lawful rules of the referral service or hiring hall, if any, operated by the Local Union." In addition, Art. V, Sec. 4(e) provides that "[i]n examining the circumstances of each particular case, due regard shall be given to the good faith involved."

Since his termination from his staff position with Local 2 last October, Robinson has continuously had his name on the Local 2 "out-of-work list." On a single occasion since October 28, 2000, Robinson received a call from Local 2 regarding a vacancy. Field Representative Kuczkowski informed Robinson of this vacancy, which was at Walsh Construction. Robinson went to Walsh, completed an application, but was not called to fill the position. Field


 Representative Kuczkowski confirmed that the Walsh vacancy was the only time he contacted Robinson from the out-of-work list, and Field Representatives Francisco Perez and George Vaughn, as well as Trustee Randy Dalton indicated that they never called Robinson for a vacancy from the out-of-work list. Kuczkoski further indicates that on a number of occasions, Mr. Robinson asked him about laborer vacancies. Robinson also indicates that he has gone to a number of construction sites and inquired of several employers regarding laborer vacancies, at Hamilton Construction, John Burns, and Insitus Forms. Mr. Robinson has limited construction experience which may make it difficult to quickly secure employment.

Independent Hearing Officer Vaira has held that merely being on the out-of-work list is "insufficient to remain at the calling." In the Mater of Local Union 652, Docket No. 99-13P (nomination protest of Paul Sandoval). In the Sandoval protest, IHO Vaira found that the challenged nominee was guilty of "missing or declining 20 calls for employment" and held that such conduct "does not satisfy the good faith requirement of being available for work." The circumstances are quite different in the instant protest. Robinson has demonstrated good faith in being available for work, applied for work on the only occasion he was called off of the out-of-work list, and has also independently sought employment. The mere fact that he has been unsuccessful does not support a finding of bad faith.

 Accordingly, I find that Robinson had been working at the calling since October 28, 2000 by making himself available on the out-of-work list and continuously making a good faith effort to seek employment at the calling. The protest is denied. Mr. Robinson is eligible to run as a candidate in this election.

 You have the right to appeal this eligibility decision to the Independent Hearing Officer within 24 hours after receiving the decision. You must request an appeal in writing and include your address and telephone number. The appeal, with a copy of this decision, shall be sent by personal delivery, overnight mail or facsimile transmission to:

Peter F. Vaira
Independent Hearing Officer
 1600 Market Street, Suite 2650
Philadelphia, PA 19103
Facsimile: (215) 751-9420


A copy of the appeal shall also be sent to me at the above address