The regular meeting of the International Executive Council was called to order at 8:30 a.m., by Chairman Pierson, on Monday, February 1, 2010, in Naples, Florida. Other members of the Council in attendance were Lavin, Riley, Calvey, Clarke, Calabro, Lucero and Schoemehl. Due to the hospitalization of council member Dowling's wife, Marga Dowling, he was excused from attending this regularly scheduled meeting. The council members wish to extend their best wishes to Marga for a full recovery.

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.

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, the council members decided to pend this case until February 1, 2010, at which time additional documentation was presented for further consideration.

On February 4, 2010, International Secretary-Treasurer Lee received a request from Brother Stock wherein he requested to withdrawal his charges against Samuel W. Oaks, Jr. International Secretary-Treasurer Lee presented Brother Stock's request to the members of the council, and based on its presentation, the charges against Brother Oaks were withdrawn.

Charges Filed with The International Executive Council 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, council members decided to pend this case until February 1, 2010, at which time, additional documentation was 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 Busi ness Manager/Financial Secretary of IBEW Local Union 349.

On February 1, 2010, additional documentation was presented, and based on the newly presented facts, Brother Lambert was found guilty, and charged with violation of Article XI, Section 6(d) "Prohibition of Work."

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, the council members decided to pend this case until February 1, 2010, at which time, additional documentation was presented for further consideration.

On February 1, 2010, additional documentation was presented, and based on the newly presented facts, Brother Nemecek was found guilty, and charged with violation of Article XI, Section 6(d) "Prohibition of Work."

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 Article 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 and is now AT&T Mobility.

The AFL-CIO Executive Council's Article XXI Oversight Panel rejected the limitations the IBEW sought to impose on CWA's SCRP, and extended the registration for another two years. Although the Panel made clear in its decision that CWA cannot interfere with Local 1547's existing bargaining relationship with AT&T Mobility, the result of these two decisions is to bar the local from strengthening its representation by securing a statewide unit.

Article XXI ORP 09-2–Tennessee Valley Authority

IBEW Local Unions currently represent approximately 3,000 annual TVA employees (as well as another 3,000 contractor employees on TVA's site.) The locals launched a campaign in 2008 to organize an additional 3,000 TVA transmission and generating plant technicians and field engineers represented by the Engineering Association ("EA"), an independent union. As the campaign gained strength, the IBEW filed for Article XXI protection. At a mediation session on the petition, the International Federation of Professional and Technical Employees ("IFPTE") stated that, although they were seeking to represent these employees, they were not engaged in organizing. Instead, they had negotiated a merger agreement with the EA, which they were about to submit for membership approval.

Article XXI deals with traditional forms of organizing, and not with union mergers or affiliations. Accordingly, Article XXI protection for the IBEW's campaign at TVA would not have precluded the IFPTE from proceeding with its merger plans with the EA. The IBEW therefore withdrew its petition. The membership of the EA subsequently voted to approve the merger and joined the IFPTE.

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

As reported at the last meeting, the IBEW has been engaged in an ongoing dispute with CWA that arose from an Article XXI petition the IBEW filed in April, 2008, seeking exclusive right to organize employees at AT&T's Yellowpages.com. The Article XXI mediator, Sarah Fox, issued a final decision finding that neither union was entitled to an exclusivity award. She also found it unlikely that either union would win an election if they continued to compete in the same locations, and therefore assigned each union exclusive organizing rights in different states, based on the locations in which each then represented AT&T employees performing similar tasks.

The Next Regular International Council Meeting

This regularly scheduled meeting was adjourned on Thursday, February 4, 2010.

The next regular meeting of the International Executive Council will commence at 8:30 a.m., on Tuesday, June 1, 2010.

For the International Executive Council

Patrick Lavin, Secretary
February 2010

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