Camelio, 2017 ESD 376

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: CHRIS CAMELIO,                         )           Protest Decision 2017 ESD 376

                                                                        )           Issued: January 30, 2017

            Protestor.                                           )           OES Case No. P-324-071216-NE           

____________________________________)                      

Chris Camelio, member and elected delegate of Local Union 118, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2015-2016 IBT International Union Delegate and Officer Election (“Rules”).  The protest alleged that Local Union 118 failed or refused to pay him wage reimbursement for his time at the IBT convention.

            Election Supervisor representatives Peter Marks and Jeffrey Ellison investigated this protest.

Findings of Fact and Analysis

Protestor Camelio was elected to a delegate position as a member of the Clean Slate in Local Union 118’s delegates and alternate delegates election.  His slate won all contested positions over the Markwitz Slate, comprised largely of local union officers and employees.

The protest alleged that Local Union 118 did not pay Camelio wage reimbursement for the week he attended the IBT convention.  Our Advisory on payment of expenses for IBT convention delegates requires, among other things, that delegates and alternate delegates be provided wage reimbursement as follows:

Delegates and Alternates receiving a salary must be paid their regular salary for one week, which will be deemed to cover the period of time spent at the Convention.  Delegates and alternates who are paid on an hourly basis must be paid their straight time wages for forty hours, excluding overtime, mileage, and or other premiums.  Straight time wages will be deemed to cover the period of time spent at the Convention.  Where a delegate or alternate delegate receives employer-provided full or partial payment of health and welfare and/or pension contributions, the Local Union will insure that contributions are not lost because of attendance to the Convention.  If any periodic benefit contribution would not be made solely because of the delegate or alternate delegate's Convention attendance, the Local Union will either persuade the employer to make the necessary contributions, will make the contributions itself directly to the appropriate funds, or will reimburse the delegate or alternate delegate for contributions actually made that the delegate or alternate delegate would not have been required to make but for his/her attendance at the Convention.  Local unions are not required to pay lost wages of a delegate or alternate delegate who is not otherwise employed at the time of the convention.  Smith, 2011 ESD 285 (June 28, 2011). No delegate or alternate will be required to use his or her vacation time to attend the Convention. 

Investigation showed that Camelio was employed by UPS at its Geneva NY center, a worksite under the jurisdiction of Local Union 118, as a Local Sort – Casual employee at the time of the convention.  He formerly was employed by Wegman’s, an employer under the jurisdiction of Local Union 118, but was separated from that employer and experienced a period of unemployment in the first half of 2016.  He commenced his UPS employment during the weekly payroll period ending June 5, 2016, working at an hourly rate of $10.15, and was still employed in that capacity at the time he traveled to the convention.

            Under the quoted portion of our Advisory, Local Union 118 was required to pay Camelio 40 hours’ pay at the rate of $10.15, for a total of $406.00.  It did not.[1] 

            Accordingly, we GRANT the protest and order Local Union 118, no later than Friday, February 3, 2017, to pay Chris Camelio the sum of $406.00 as wage reimbursement for his attendance at the IBT convention.  No later than Monday, February 6, 2017, Local Union 118 shall provide a declaration of compliance with this reimbursement order, made under penalty of perjury.  We order no further relief.  We acknowledge that Camelio has filed a protest in Case No. P-317-070616-NE, alleging retaliation with respect to his UPS employment.  Our decision here does not resolve any factual or legal issue that may exist or arise in that case.

Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within two (2) working days of receipt of this decision.  The parties are reminded that, absent extraordinary circumstances, no party may rely upon evidence that was not presented to the Office of the Election Supervisor in any such appeal.  Requests for a hearing shall be made in writing, shall specify the basis for the appeal, and shall be served upon:

Kathleen A. Roberts

Election Appeals Master

JAMS

620 Eighth Avenue, 34^th floor

New York, NY 10018

kroberts@jamsadr.com

Copies of the request for hearing must be served upon the parties, as well as upon the Election Supervisor for the International Brotherhood of Teamsters, 1050 17^th Street, N.W., Suite 375, Washington, D.C. 20036, all within the time prescribed above.  A copy of the protest must accompany the request for hearing.

                                                                        Richard W. Mark

                                                                        Election Supervisor

cc:       Kathleen A. Roberts

            2017 ESD 376

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