1798 McKinney v. Local Union 869

Case No: 1798


McKinney was appointed as an International Representative, but shortly thereafter resigned and sought to resume his position as Local President.  Article 14, §5 of the International Constitution sets forth the general rule that an International Representative may not also hold local union office.  The provision also states an exception to the general rule for those serving part-time as an International Representative or appointed on a temporary basis not to exceed 180 days.  Therefore, upon assuming a full-time position as an International Representative, an individual must relinquish any local office held, unless the appointment is intended to be temporary for a period lasting less than 180 days.  Here, there is no evidence indicating that McKinney was appointed on a temporary basis.  Under these circumstances, Local 869’s Vice President properly assumed the position of Local President in accordance with Article 38, §14 of the Constitution.  Also, in accordance with this section, the Local appropriately conducted an election for Vice President.  McKinney’s protest does not allege any defect in the conduct of the election.  As the IEB determined, the result of this election should stand.  McKinney was not entitled to return to the position of Local President upon resigning as an International Representative.