Posts Tagged ‘Membership in good standing’
1507 & 1510 Willis and Smith v. IEB
Although Smith’s appeal from the IEB’s decision was not filed within 30 days, we will not reject an appeal as untimely where the appellant has made a good faith effort to resolve the issues raised or to obtain information about appeal procedures. We find that principle applicable to Smith’s situation. Furthermore, Willis raised identical issues…
Read More1512 Karras v. Local Union 653
Although Karras was entitled to rely on the advice given to him by the Local Financial Secretary regarding his dues obligations, his nonpayment of dues in November and December cannot be attributed to the Financial Secretary’s advice. The Election Committee has the responsibility for determining a candidate’s eligibility, and this Election Committee concluded that Karras…
Read More1609 Bradley et al. v. Local Union 3520
Appellants’ failure to certify in accordance with Article 16, §19, was not the result of reliance on anything the financial secretary said to them, but rather was based on their mistaken belief that the certification requirement did not apply to local union officers. One of the basic obligations of union membership is the payment of…
Read More1621 Grima and Hayosh v. IEB
As a JOBS bank employee, Grima was considered employed under the jurisdiction of Local 174. He ran for president in 2004 and won. In 2005, GM negotiated the Special Attrition Plan for the Sewing Machine Repairman, which changed Grima’s employment status. Grima ought to have selected one of the options described in the plan by…
Read More1700 Piorier v. IEB
While post-election challenges based on voter eligibility will generally be rejected, this does not mean such protests can never be grounds for upsetting the results of an election regardless of the circumstances. The presumption against post-election challenges is to be applied in the context of an investigation into the protest; the president’s hearing officers should…
Read More1725 Bell v. Local Union 140
It may well be that other members of Local Union 140 whose membership had technically lapsed for failure to certify for “out-of-work” credits were permitted to run for office, but if this occurred it was apparently because no one challenged these members when they accepted nomination. Bell’s good standing was challenged thus prompting the election…
Read More1731 Franks v. Local Union 7777
Franks identified a potentially serious fault in the integrity of the electoral process at Local Union 7777 during its 2013 triennial election. Election Committee Chairperson McDonald’s support for President Jeter’s defiance of the IEB’s order to rerun the runoff election for president gave credence to Franks’s argument that McDonald was an active supporter of Jeter’s…
Read More1751 Thrower v. Region 5
Thrower perceived that he was being treated unfairly in regard to job assignments, but in the absence of a clear violation of the collective bargaining agreement, there was no remedy the union could have achieved by arbitrating a grievance over the assignments. Management has the unrestricted right to make job assignments within an employee’s classification.…
Read More1771 Allison v. Local Union 2069
The Local Union President received an interpretation of the Constitution regarding the question Allison raised. The International Union affirmed the candidate’s eligibility to run for office despite his workers’ compensation leave during the previous year. The other two candidates paid their dues as soon as they were notified of an arrearage by the Local Union…
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