OFFICE OF THE INDEPENDENT HEARING OFFICER
IN THE MATTER OF |
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DOCKET NO. |
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LOCAL UNION 1410 DAYTON, OHIO |
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99-33P |
ORDER AND
MEMORANDUM
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This Order and Memorandum addresses the nomination protests of Wayne Dorise (“Dorise”), Jerry White (“White”) and Lisa Topps (“Topps”) resulting from the nomination meeting of the Laborers’ International Union of North America (“LIUNA”) Local Union 1410 (“Local 1410”) in Dayton, Ohio.
Based upon the outcome of the Local 1410 election the protests are denied as moot.
FINDINGS OF FACT
1. Local 1410 held a nomination meeting on May 4, 1999, a general membership meeting on May 18, 1999, and its election on June 5, 1999.
2. At the nomination meeting nominations for Auditors were made in the following order: Kenny Calvin (“Calvin”), George Adkins (“Adkins”), Teddy Baker (“Baker”), Ron Owsley (“Owsley”), and Cecelia Owensby (“Ownesby”).
3. At the membership meeting the Judges of Election announced that Calvin was in the third ballot position and Adkins was in the first ballot position.
4. The Uniform Local Union Constitution (“Constitution”) Article VI, Section 2 (g) provides:
[T]he Judges of Election shall consult the Recording Secretary and obtain from his list the candidates for each office or elective position; the official ballot shall then be prepared pursuant to said data, with the names of the candidates listed in the order in which they were nominated. (emphasis added).
5. Adkins, Baker and Calvin were elected to the position of Auditor.
6. The error in ballot position was inconsequential because although the first three candidates who were nominated were listed out of order, all three won.
7. The nominations for two seats on the Executive Board were made in the following order: Rose Verner (declined), Laveda Schrock (“Schrock”) and Jerry White (“White”).
8. The membership meeting minutes reflected that Joseph Barnes (“Barnes”) had been nominated for Executive Board member and he was found by the Judges of Election to be qualified as a candidate.
9. The protestors contend that the nominations were closed after White’s nomination, and therefore, Barnes was not a qualified candidate.
10. Shrock and White were elected to the two seats on the Executive Board.
11. The question whether Barnes was properly included as a candidate for Executive Board member, need not be decided because he lost. The other candidates won the only two available seats.
12. The nominations for Delegate to the District Council were as follows: Fred Jones, Jr. (“Jones”) and White.
13. The minutes of the membership meeting showed that White had been nominated by Dorise.
14. The protestors contend that White was nominated by Owensby, not by Dorise.
15. Jones was elected to Delegate to the District Council.
16. Even if Dorise’s allegation is correct, the incorrect listing of the nominator could not have affected the outcome of the election.
CONCLUSIONS
1. Any recording errors that may have been made regarding the nomination meeting could not have affected the outcome of the election.
2. Note: The IHO has found it unnecessary to determine if the allegations made by the protestors regarding the errors in the ballot positions were well founded. If such errors were made, under other circumstances, they could have caused the election to be rerun. The Regional Manager is requested to investigate the protestors’ allegations as described above, and if found to be true, issue a letter of instruction to the Executive Board of Local 1410 for future practice.
DECISION
The election protests of Dorise, White, and Topps are DENIED.
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PETER F. VAIRA |
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INDEPENDENT HEARING OFFICER |
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Date: June 18, 1999 |
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Wayne Dorise Local Union 1410 Peter Fosco, Regional Manager |
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