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US Dept of Labor/Response letter to AFT

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Gmail - Fwd: Delegate Challenge Page 1of2 it Carol Somerfleck <[email protected]> Fwd: Deleglate Challenge 1 message Teachers Fortruth <[email protected]> To: [email protected] Sun, Ju111, 2010 at 8:24 AM --------- Forwarded message -------- From: David Strom, Legal <[email protected]> Date: Sun, Jul 11, 2010 at 7: 13 AM Subject: Delegate Challenge To: Carol <[email protected]> Cc: Matt Rector <[email protected]>, "Sol Smith, Organization & Field Services" <[email protected]> Dear Ms. Sommerflek, On behalf of the AFT, I write in response to your challenge to the seating of the delegates from our Guam local, AFT Local 1581. The AFT convention, like other union conventions, has a credentials committee. One of the committee's responsibilities is to address situations where a local's credentials may not be in order. There are a variety of circumstances that can impact whether a specific local's credentials for its delegates are in order. The committee does not conduct a full fledged investigation with witnesses and evidence because of time constraints. However, the committee does invite the representatives from the affected locals to make a presentation and response to the circumstances that give rise to the issue that impacts the local's credentials. Where there is an issue that cannot be definitively resolved that might affect a local's credentials, the committee recommends to the AFT Executive Council that the votes of the local be sequestered in the elections for officers and in roll call votes on constitutional amendments. Sequestration means that the local's votes will not be counted in situations where the votes might make a difference. Otherwise, the local is seated at the convention. In this situation, the credentials committee recommended to the Executive Council that GFT's votes be sequestered. There were a number of other local's that also had their votes similarly sequestered. I trust I have responded to your inquiry. Sincerely, David J. Strom General Counsel AFT Legal Department T: (202) 393-7472 F: (202) 393-6385 E: [email protected] American Federation of Teachers 555 New Jersey Ave., N.W. Washington, DC 20001 (202) 879-4400 www.aft.org https://mail.google.comlmail/?ui=2&ik=334f184b 1O&view=pt&search=inbox&th= 129be7 60679 ... 711112010
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Page 1: US Dept of Labor/Response letter to AFT

Gmail - Fwd: Delegate Challenge Page 1 of2

it Carol Somerfleck <[email protected]>

Fwd: Deleglate Challenge1 message

Teachers Fortruth <[email protected]>To: [email protected]

Sun, Ju111, 2010 at 8:24 AM

--------- Forwarded message --------From: David Strom, Legal <[email protected]>Date: Sun, Jul 11, 2010 at 7: 13 AMSubject: Delegate ChallengeTo: Carol <[email protected]>Cc: Matt Rector <[email protected]>, "Sol Smith, Organization & Field Services" <[email protected]>

Dear Ms. Sommerflek,On behalf of the AFT, I write in response to your challenge to the seating of thedelegates from our Guam local, AFT Local 1581.

The AFT convention, like other union conventions, has a credentials committee. One ofthe committee's responsibilities is to address situations where a local's credentialsmay not be in order. There are a variety of circumstances that can impact whether aspecific local's credentials for its delegates are in order. The committee does notconduct a full fledged investigation with witnesses and evidence because of timeconstraints. However, the committee does invite the representatives from the affectedlocals to make a presentation and response to the circumstances that give rise to theissue that impacts the local's credentials. Where there is an issue that cannot bedefinitively resolved that might affect a local's credentials, the committeerecommends to the AFT Executive Council that the votes of the local be sequestered inthe elections for officers and in roll call votes on constitutional amendments.Sequestration means that the local's votes will not be counted in situations where thevotes might make a difference. Otherwise, the local is seated at the convention.

In this situation, the credentials committee recommended to the Executive Council thatGFT's votes be sequestered. There were a number of other local's that also had theirvotes similarly sequestered.

I trust I have responded to your inquiry.

Sincerely,

David J. StromGeneral CounselAFT Legal DepartmentT: (202) 393-7472F: (202) 393-6385E: [email protected]

American Federation of Teachers555 New Jersey Ave., N.W.Washington, DC 20001(202) 879-4400www.aft.org

https://mail.google.comlmail/?ui=2&ik=334f184b 1O&view=pt&search=inbox&th= 129be7 60679 ... 711112010

Page 2: US Dept of Labor/Response letter to AFT

CAROL SOMERFLECK

Telephone No.: (671) 477-9802Email: [email protected]

July 12, 2010

David J. Strom, General CounselAmerican Federation of Teachers555 New Jersey Ave. N.W.Washington, D.C. 20001

Sol Smith, Western Regional Office DirectorAmerican Federation of Teachers650 East Hospitality Lane, Suite 360San Bernadino, CA 92408

Re: DelegateChallenge

Dear Gentlemen:

Thank you for your e-mail letter of July 11, 2010. Please understand that I do not monitorTeachers for Truth e-mail but do monitor the two e-mail addresses I have used to communicate withyou. Teachers for Truth is an organization and not where I receive my e-mail nor can I ensureconfidentiality when you deliver e-mails to that address.

After reviewing your letter it was unclear to me as to whether any action at all was taken.The letter suggests that the Credentials Committee recommended sequester of GFT' s votes. Basedupon your e-mail letter I am unaware whether the AFT Executive Committee took any action andit is also unclear whether there was any response provided by GFT regarding my complaint. At thispoint is it AFT's intention to conduct a formal investigation? If so, what will such investigationentail? I would request some formal determination regarding this issue. On a similar note, I amattaching thereto a letter for your reference only of concerns regarding GFT's standing committeesor potentially lack thereof.

Thank you for you telephone calls and your recent e-mail letter. I think it would be helpfulfor both of us if we were more concrete as to events. As always should you have any comments,questions, or concerns please contact me at the [email protected] or at [email protected].

Sincerely,

Carol Somerfleck

Page 3: US Dept of Labor/Response letter to AFT

CAROL SOMERFLECK

Telephone No.: (671) 477-9802Email: [email protected]

July 12,2010

VIA FAX: 734-8085

Executive Council MembersGUAM FEDERATION OF TEACHERSP.O. Box 2301Hagatna, Guam 96932

Re: GFTStandingCommittees

Dear Council Members,

I was initially disappointed when the Election Committee nor the Executive Councilresponded to my concerns expressed in my letter of June 25, 2010 regarding the election ofdelegates to the 2010 AFT Convention. I can only assume that because GFT has never publishedthe results of the delegate election that it believes it has no obligation to respond to concernsregarding elections as provided in Article VI (8)(0). I was further disheartened when I asked atthe Executive Council meeting of June 29, 2010 when no one could even identify the membersof the Election Committees past and present.

Inasmuch as it is the duty of the Executive Council to ensure that GFT's constitution isfollowed and GFT's President has represented to the membership his dedication to the followingof our constitution, I am gravely concerned regarding the status of our standing committees. Irequest that I be provided the reports provided by each of these committees at the last fourgeneral membership meetings, as well as, their reports since the beginning of their term of officefollowing the recognition dinner/general membership meeting. Please also confirm by providingme the required documents that the following actions have occurred: that the MembershipActivities Committee has delivered to the GFT Vice President an annual calendar of committeeevents including all relevant dates, times, places and titles of events; that the Election Committeecreated a time schedule of all relevant dates, times, and places and delivered it to the CalendarCommittee and prepared an annual budget and delivered it to the Budget Committee; and that theOrganizing Committee has formulated a plan of action to organize new unions and prepared anannual budget and delivered it to the Budget Committee. A list of whom the members and chairsare of each of these committees and what actions the Executive Council has taken to ensure the

Page 4: US Dept of Labor/Response letter to AFT

timely performance of these constitutional mandates. Should these documents not exist, pleaseexplain why these constitutionally mandated requirements have not been met. Please also notethat all of the requested documents and materials were to have been completed prior to July I,2010. I would hope that these documents could be available at the upcoming ExecutiveCommittee meeting of July 13,2010.

Sincerely,

Carol T. Somerfleck,Member in Good Standing

cc: Ms. Pearl MoenaheleSenior InvestigatorU.S. Department of LaborOffice of Labor Management Standards300 Ala Moana Blvd., Room 5-121P.O.Box 50204Honolulu, Hawaii 96850

Mr. Sol SmithWestern Regional Office DirectorAmerican Federation of Teachers650 East Hospitality Lane, Suite 360San Bernadino, California 92408

Mr. David J. StromGeneral CounselAmerican Federation of Teachers555 New Jersey Ave. N.W.Washington, D.C. 20001


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