OFFICE OF THE INDEPENDENT HEARING OFFICER
IN THE MATTER OF |
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DOCKET NO. |
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LOCAL UNION 652 SANTA ANA, CALIFORNIA |
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99-13P |
ORDER AND
MEMORANDUM
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This Order and Memorandum addresses the nomination protest of Paul Sandoval (“Sandoval”) regarding his disqualification to run for Secretary-Treasurer of the Laborers’ International Union of North America (“LIUNA”) Local Union 652 (“Local 652”) in Santa Ana, California, and Delegate to District Council. Based upon an investigation conducted by the Independent Hearing Officer (“IHO”), the protest is DENIED.
FINDINGS OF FACT
1. Sandoval is a member in good standing in Local 652.
2. On May 12, 1999 Sandoval was nominated to run for the offices of Secretary-Treasurer and Delegate to District Council.
3. On May 20, 1999 the Judges of Election found Sandoval unqualified to run for office.
4. Sandoval’s disqualification was based on his failure to work at the calling pursuant to Article V Section 4 of the Uniform Local Union Constitution (“Constitution”).
5. The Judges of Election required Sandoval to complete a questionnaire regarding his qualification for candidacy. Item seven of the questionnaire reads, “When and for whom have you last worked at the calling?” Sandoval replied, “I’m an officer of Local 652 with full official duty as President and delegate to SCDCL and have been on the out of work list since May of 1998.”
6. Sandoval has in fact, been on the out of work list since May, 1998.
7. Prior to May 1998, Sandoval had been a Business Agent/Field Representative of Local 652 from 1978 through April 28, 1998.
8. According to Ruben Gomez (“Gomez”), Business Manager of Local 652, Sandoval was laid off due to downsizing and economic need.
9. Since April 28, 1998, Sandoval’s only income has been his unemployment compensation and severance pay.
10. Sandoval has not been employed by any contractor, union or otherwise, since May 1998.
11. Sandoval has continued to fulfill his duties as President and Delegate to District Council.
12. These duties do not amount to a full time position and do not satisfy the requirements of Article V, Section 4.
13. Since May 1998 Lupe Rodriquez (“Rodriquez”), the dispatcher for local 652, has called Sandoval twenty times with a job opening. Sandoval was not available for or did not accept any of these jobs.
14. Rodriquez documented the twenty calls to Sandoval in her official logbook.
15. Rodriquez told the IHO’s staff members that it is very unusual for a member of Local 652 to remain on the out of work list for one year and to decline or miss twenty calls for work, unless the member was unwilling or physically unable to work.
DISCUSSION
Article V, Section 4 requires all candidates for elected office to have “been working at the calling of the International Union during the entire year immediately prior to nomination." Working at the calling under Article V, Section 4 (d) includes “[p]eriods of unemployment where the member was available for and continuously and actively sought employment at the calling....” Further, Article V, Section 2 (e) provides that “in examining the circumstances of each particular case, due regard shall be given to the good faith involved.”
Sandoval claims he has complied with the out of work rules by remaining on the out of work list. Merely being on the out of work list is insufficient to remain at the calling. The Constitution requires the member be available for and actively and continuously seeking employment at the calling to satisfy Article V. Missing or declining twenty 20 calls for employment does not satisfy the good faith requirement of being available for work.
CONCLUSIONS
1. Sandoval did not make himself available for or actively and continuously seek employment at the calling for one year prior to the 1999 elections.
2. Sandoval did not make a good faith effort to work at the calling.
DECISION
The protest of Sandoval is DENIED.
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s/Peter F. Vaira
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PETER F. VAIRA |
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INDEPENDENT |
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Date: June 8, 1999 |
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Paul Sandoval (overnight mail) Local Union 652 (via facsimile) |
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