Members of Local 2038 of the International Longshoremen’s Association have notified the local’s secretary-treasurer of their intent to file a protest of Thursday’s election of officers, on the ground that the election was held in violation of the local’s bylaws.

Kensey Alsman, a member of the Beta Steel division of Local 2038, told the Chesterton Tribune on Thursday that the local’s bylaws clearly provide for the direct election of officers and for all members in good standing to be eligible to vote.

But, Alsman said, in Thursday’s election--which he called a “self-coronation”--only the local’s executive board members, including the incumbent officers running for re-election, were allowed to cast votes.

President Mike DaVaney--who Alsman said was re-elected on Thursday--did not return a call from the Tribune. Also re-elected were Business Agent Rusty White and Secretary-Treasurer Rob Gross, Alsman said, with a total of 24 votes cast for all candidates.

Local 2038 represents around 600 members in 17 divisions, the largest the Beta Steel division, with around 300 members, 90 percent of whom are currently laid off, Alsman said.

Although the local’s old bylaws did provide for indirect election of officers, Alsman noted, those bylaws were revised in January 2008 and now provide for direct election. The ILA Constitution, amended in July 2007, similarly provides for direct election by “members in good standing,” Alsman said.

According to the Employee Standards Administration (ESA) of the U.S. Department of Labor (DOL), an indirect election would be in violation of the Labor-Management Reporting and Disclosure Act of 1958. “Local labor organizations must conduct their regular elections of officers by secret ballot among the members in good standard,” the ESA states. “All members in good standing of the local labor organization must be given an opportunity to vote directly for candidates to fill the offices that serve them. Indirect election of officers of a local labor organization would violate Section 401(b) of the Act. For example, a procedure whereby the local’s membership elects an executive board or some similar body by secret ballot which in turn selects (either from among its own membership or from the local’s membership at large) the persons to fill specific offices would not comply with the Act.”

Alsman told the Tribune that one of the candidates, a challenger to an incumbent, was not allowed to cast a vote for himself but that the incumbent was.

The signers of a petition of protest are demanding the Executive Board to hold a hearing on the matter. Alsman said that, should the Executive Board decide against the petitioners, they will appeal their protest to the ILA Great Lakes District, then to the Atlantic Coast District, and if necessary to an ILA convention. Alsman added that, under DOL regulation, the protesters must either exhaust all of their appeal options within the union before requesting a DOL investigation or may begin the appeals process and then in 90 days take their case to the DOL.

Posted 3/13/2009