Minutes and Report of The International Executive Council's Regular Meeting
The regular meeting of the International Executive Council was called to order at 8:30 a.m., by Chairman Pierson, on Tuesday, December 15, 2009, in Washington, D.C. Other members of the Council in attendance were Lavin, Dowling, Riley, Calvey, Clarke, Calabro, Lucero, and Schoemehl.

International President Hill
International President Edwin D. Hill met with the members of the International Executive Council a number of times to discuss a variety of matters affecting all branches of the Brotherhood.

International Secretary-Treasurer Lee
International Secretary-Treasurer Lindell Lee presented financial reports covering the IBEW Pension Fund and the Investment Portfolio of the Brotherhood—both in Canada and in the United States.

Legal Defense
Payments for legal defense, made from the General Fund, were examined and approved in accordance with the requirements of Article X, Section 1, of the IBEW Constitution.

Financial Reports
The International Secretary-Treasurer's reports for the various funds of the Brotherhood were presented to the members of the International Executive Council, examined and filed.

Local Union Under International Office Supervision
International President Hill advised the Council members that there are no local unions, as of this meeting, under the supervision of the International Office.

Retirement of International Representatives
Joseph Penna    Effective, January 1, 2010
Third District

Harold James Pelley    Effective, April 1, 2010
Eleventh District

Retirement of International Office Employees
Robert Drevenak    Effective, January 1, 2010
Senior Electrician—Information Technology Department

Paula Frost    Effective November 1, 2009
Secretary III, Grade Six—Information Technology Department

Colleen Kalb    Effective, January 2, 2010
Secretary IV, Grade Seven—Membership Development Department

Belinda Young    Effective, November 11, 2009
Data Control Clerk, Grade Four—Per Capita Department

Resolution—Elizabeth Shuler
The members of the International Executive Council adopted a resolution regarding Elizabeth Shuler's transition from the Executive Assistant to the International President of the International Brotherhood of Electrical Workers to serve as the Secretary-Treasurer of the AFL-CIO. This resolution is to clarify Elizabeth Shuler's entitlement to certain pension welfare and relocation benefits under the IBEW's plans and policies.

Resolution—Kirk Brungard
The members of the International Executive Council adopted a resolution regarding Kirk Brungard's transition from the Director of Construction Membership for the International Brotherhood of Electrical Workers to serve as Elizabeth Shuler's Executive Assistant. This resolution is to clarify Kirk Brungard's entitlement to certain pension welfare and relocation benefits under the IBEW's plans and policies. The International Executive Council members congratulate Kirk Brungard on his recent appointment.

Resolution—Amanda Pacheco
The members of the International Executive Council adopted a resolution regarding Amanda Pacheco's transition to join AFL-CIO Secretary Treasurer Shuler as her Assistant. This resolution is to clarify Amanda Pacheco's entitlement to certain pension welfare and relocation benefits under the IBEW's plans and policies. The International Executive Council members congratulate Amanda Pacheco on her recent appointment.

Charges Filed with The International Executive Council Against Samuel W. Oaks, Jr., Retired Member of Local Union 306, IBEW
On June 5, 2009, charges were filed with the International Executive Council against Samuel W. Oaks, Jr., Card Number C18668, retired member of Local Union 306, IBEW, Akron, Ohio, by Stephen A. Stock, Organizer, also a member of IBEW Local Union 306.

Brother Stock has charged retiree Oaks with violation of Article XXV, Section 1(f), for a "practice detrimental to the IBEW."

After a thorough review of the facts presented, it is the determination of the council members to pend this case until February 1, 2010, at which time additional documentation will be presented for further consideration.

Charges Filed with The International Executive Against Raymond Lambert, Retired Member of Local Union 99, IBEW
On April 15, 2009, charges were filed with the International Executive Council against Raymond Lambert, Card Number D368534, retired member of Local Union 99, Miami, Florida, by Michael Nagle, a member of Local Union 349, IBEW.

Brother Nagle has charged retiree Lambert with violation of Article XXV, Section 1(a), (e), (f), and (q), of being employed by ABC Electric Services, Inc., a contractor not currently holding a letter of assent with Local Union 349, IBEW.

After a thorough review of the facts presented, it is the determination of the council members to pend this case until February 1, 2010, at which time additional documentation will be presented for further consideration.

Let it also be noted that council member William Riley has recused himself from hearing this case due to his currently holding the position of Business Manager/Financial Secretary of IBEW Local Union 349.

Charges Filed With The International Executive Council Against Terry J. Nemecek, Retired Member of Local Union 405, IBEW
On September 17, 2009, charges were filed with the International Executive Council against Terry J. Nemecek, Card Number D308471, a vested pension member of Local Union 405, IBEW, Cedar Rapids, Iowa, by Bill Hanes, also a member and the Business Manager, of IBEW Local Union 405.

Brother Hanes has charged Brother Nemecek of violating Article XI, Section 6(d), "Prohibition of Work," for operating a business, Nemecek Electric, which is currently a non-signatory contractor.

After a thorough review of the facts presented, it is the determination of the council members to pend this case until February 1, 2010, at which time additional documentation will be presented for further consideration.

Article XX and XXI Cases
The IBEW is not involved in any disputes arising under Article XX of the AFL-CIO Constitution, during 2009. However, two matters involving "organizing responsibilities," under XXI developed and are capsulated and recorded, as follows:

Article XXI ORP 09-1—Cingular Wireless (AT&T Mobility)

Dispute arose from a campaign the CWA originally registered under the AFL-CIO's Strategic Campaign Registration Program in 2004, targeting what was then Cingular Wireless.

Article XXI ORP 08-2—AT&T Yellowpages.com

Ongoing dispute with IBEW seeking the exclusive right to organize employees at AT&T's Yellowpages.com.

 

Officers, Representatives and Assistants
Pension Plan
The members of the International Executive Council reviewed the actuary report and funding recommendations for the plan, noting the recently passed amendment where participants in the plan would begin contributions, effective January 1, 2010, consistent with the recently approved amendment.

It was further noted the Officers', Representatives' and Assistants' contributions will be phased in by October of 2011, and at that time, would equal 5% of their pay, with the contributions assisting in the funding of the pension plan.

Accordingly, a motion was made and unanimously approved by the council members, to approve the actuarial recommendation for the funding policy of the Officers', Representatives' and Assistants' Pension Plan.

Office Employees Pension Plan
The members of the International Executive Council reviewed the actuary report and funding recommendations for the Plan. A motion was made and unanimously approved by the members of the International Executive Council to approve the actuarial recommendation for the funding policy of the Office Employees Pension Plan.

Amendment to Pension Benefit Fund's (PBF) Rules and Regulations and Summary Plan Description
International Executive Council Chairman Pierson introduced, and the members of the International Executive Council unanimously adopted, an amendment to delegate authority to the International Secretary-Treasurer to suspend a member's pension upon learning that the member has returned to the electrical industry and to initiate an investigation.

Location of the 2011 Ibew Constitutional Convention
Article II, Section 1, of the IBEW Constitution states, "The I.B.E.W. shall meet in regular convention every five (5) years on the third Monday in September, at such place as decided by the I.E.C."

After thoughtful consideration, it is the determination of the council members, to hold the 2011 IBEW 38th International Convention, in Vancouver, British Columbia, Canada, from September 19-23, 2011.

Per Capita Objection Plan
The International Executive Council discussed the IBEW Reporting Form for the Per Capita Objection Plan.

Special Dispensation for the Payment 0f the IBEW Death Payment for Scott Westfall, Card Number D840502 Local Union 659, IBEW
After having reviewed Business Manager Jones' request to honor a death benefit, on behalf of Brother Scott Westfall, it is the determination of the council that due to the extenuating circumstances involved, the council members hereby authorize the death payment to Brother Westfall's beneficiaries in a timely fashion.

The Next Regular International Council Meeting
The next regular meeting of the International Executive Council will commence at 8:30 a.m., on Monday, February 1, 2010.

For the International Executive Council
Patrick Lavin, Secretary

December 2009

The IEC acted on numerous applications under the IBEW Pension Benefit Fund. For a complete listing, click here.