Order and Memorandum

This decision addresses the protest of Harold Towns (“Towns'') of certain campaign activities during the election for officers of Laborers' International Union of North America (“LIUNA”) Local Union 495, Lawton, Oklahoma (“Local 495"). This decision also addresses Towns’ protest of certain qualifications of his opponent for the office of recording secretary in the election.

A telephone hearing was held by a representative of the Independent Hearing Officer (“IHO”) on October 29, 1996.

Based upon the hearing and further investigation, the protest is DENIED.

Findings of Fact

1. Towns is currently a member in good standing of Local 495.

2. Local 495 records show that, following several periods of membership and withdrawal from Local 495, Towns was readmitted to the membership rolls of Local 495 on November 30, 1994, and has been an active member since that time.

3. The nomination meeting for the election of officers of Local 495 was held on April 25, 1996.

4. Towns was nominated for the position of recording secretary and was found qualified to run for that post by the Judges of Election (“Judges”).

5. The Local 495 records show that Towns had not been a member in good standing of Local 495 for a continuous period of two years prior to the nomination meeting on April 25, 1996, but the Judges failed to consider his membership standing history.

6. Article V, Section 1, of the Uniform Local Union Constitution ("Constitution") states, in pertinent part:

In order to qualify as a candidate for any office in a Local Union, a member:

Shall be required to have been in good standing in the International Union for a period of two years and in good standing in the Local Union for a period of two years immediately prior to nomination and to be current in the payment of his dues; . . .

7. The Local 495 records show that Towns had ceased being an active member in June 1994, but that he had been readmitted to membership status on November 30, 1994.

8. Thus, in April 1996, the time of the nomination meeting, Towns had only been a member of Local 495 continuously for the prior seventeen months.

9. Towns lost the election for the post of Recording Secretary by a vote count of 61 to 11.

10. Towns alleges that either his opponent or one of his opponent's supporters posted a campaign flyer on the union's bulletin board at some point prior to May 12, 1996. There is also evidence that Towns posted a similar flyer on the same bulletin board at approximately the same time. There is no proof that this activity was improper, but even if improper, there is no proof that this activity adversely had an impact on the voting process.

11. Towns further alleges that his opponent's qualifications as a candidate may have been tainted by reason of his acceptance of a temporary assignment as a manager at his place of employment during the actual manager's absence over a several week period. This is, however, neither an election nor a nomination protest.

Conclusions

1. Article V, Section 1, of the Constitution requires a member to be a member in good standing of the Local Union for the entire twenty-four months prior to the nomination meeting.

2. Towns was a member in good standing of Local 495 for only seventeen months prior to nomination.

3. Based on the foregoing, Towns was not qualified to run in the election and should have been disqualified.

4. The posting of flyers, if improper, could not have substantially affected the outcome of the election.

5. Towns' allegations as to the qualifications of his opponent as a good union man are neither election nor nomination protests and are beyond the scope of the IHO's jurisdiction.

Decision

The protest of Towns is DENIED.

PETER F. VAIRA

INDEPENDENT HEARING OFFICER