'A. of Professionals'

Matt Rector

Tim Fedenko

Sanjay Sharma( !

James Lujanr.

AFT Local 1581AFL-CIO

March 31, 2011

Antonia CorteseAFT Secretary-Treasurer555 New Jersey Ave. N.W.Washington, DC 20001

Re: AFT ELECTION COMPLAINT RESPONSE

The election committee is a standing committee that has been filled for over a year andvacancies were filled in a timely manner. The Election committee was made up ofNeeti Prakash Chair person (Chair of DOE teachers Unit), Joaquin Tayama (PortAuthority Guam Chair), Albert Perez (DODEA bus chair), Mike Bailey (DOE steward),and in as a late replacement for a vacated position the committee appointed JohnPenaflor (DPW bus driver chair). The committee's appointments were all incompliance with GFT's constitution with two executive council member (Neeti andJoaquin) and three other members (2 of whom happen to be executive council membersas well).

The committee fulfilled all of their constitutional requirements preparing a calendar anda budget in a timely manner. The calendar of events for the election process (i.e. thecandidacy period and election dates) are mandated in the constitution. They mailed aflier that contained the candidates' positions. They conducted two Meet the Candidatesforums. The election committee also ensured that everyone that conducted the election(i.e. site stewards) was briefed and given written instructions. In the past we havefound that having a single large meeting for people conducting the election was not wellattended, which would have eliminated many polling sites and members ability to vote.Henceforth, everyone that conducted the election was briefed individually when theypicked up their election packet.

The candidacy period was mailed out to all members in a timely manner.

Election times and places were mailed out to all members in a timely manner.Obviously, because the members needed to conduct the election are volunteers thecommittee and the GFT staff were actively working to get as many members as possibleto volunteer to conduct the election right up until the day before.

1. Times and dates of onsite voting and voting at the GFT office are specified inGFT's constitution and every member was notified to the best of the unionsability. GFT had sent out email reminders, made announcements on the website(http://www.gftunion.com). and sent a postcard reminder. See attachment 1.

2. All members that conducted the elections at work sites were met with andbriefed by staff members when they picked up their election packets which theysigned for. They were also provided with written instructions at the same time.See attachment 2.

3. Meet the Candidates forums were conducted on two separate dates.4. Not only were poll watchers present the whole time but the entire process of

counting the ballots was videoed non-stop without interruption.

GUAM FEDERATION OF TEACHERS I~'O. E·():Fighting for GovGuam

("u;;!n 8(<:;:::5;) 1 ! www.gftunion.comWorkers and their Families Since 1965

5. Matt Rector is a regular member in good standing via the constitution languagedetermining the eligibility of membership, Article V.B.1.c. that reads, "Officersof the GFf Executive Council as prescribed by Article VI.A." See attachment 3for Article Y.B.l.c. and Article VI.A.

6. The "Special" Working Family TV Show recapped the entire term of the lastGovernor. during a part of which time the incumbent officers were not in office.It was timed to come out just as the new Republican Governor was sworn in toremind him that our members had stopped the last Governor's union bustingefforts to dissuade him from going Walker on us. There was no mention ofasking members to vote for a particular candidate. Also one of the othercandidates, Cris Manglona, was in this show stating "together we win"(http://vimeo.com/19017141).

7. The organizing commercial during the SuperBowl was just that, an organizingcommercial. GFT was approached by a local television station that aired theSuperBowl with a deal too good to be true: We received 10 30 see spots for$750!!! We believe that it was a good commercial and has yielded newmembers (http://vimeo.comJ19648862). Again, there was no mention of anelection or to vote for particular individuals.

8. Together We Win is a tag line long used by GFf and any candidate could haveused it. The only place that President Rector used it was on his own personalfacebook page.

9. The 'Teachers rights and responsibilities" class taught by President Rector had10 students in it, one of which was another candidate, Cris Manglona. Thecurriculum consists of laws, rules and history surrounding the US labormovement in General and GFT in particular as well as the teachers currentcollective bargaining agreements. Many questions are asked and manydiscussions ensue during class times. On multiple occasions President Rectormade very clear that this was not the appropriate time to discuss the election andeven modified the schedule so that the students last week of class (which tookplace at the GFf) would consist of field work so that both candidates in the classcould not be accused of campaigning within 100 feet of a polling site.

10. Sanjay Sharma witnessed someone violating local law by campaigning on thecampus of JFK high school during duty hours. He asked the member that hadbeen given the campaign material if he could have it and it was given to him.The person campaigning then attacked Mr. Sharma and attempted to rip thecampaign flier out of his hand. She got part of it. Mr. Sharma then promptlyreported the incident to his principal in an effort to protect the union fromcharges of an unfair labor practice which could result in decertification of theBargaining Unit. The claims that Mr. Sharma had assaulted a member arefraudulent and misleading. Claiming that Article VI.C.8.f.2. was violated isinaccurate. VI.C.8.f.2. reads as "Federal law also provides that candidates mustbe treated equally regarding the opportunity to campaign and that all membersmay support the candidates of their choice without being subject to penalty,discipline, or reprisal of any kind." The issue at hand is Guam Code AnnotatedTitle 4, Ch. 10 (10117. Services to Employee Organizations.) "Solicitation ofmembers, collection of membership dues or other internal organizationbusiness may be conducted only during nonduty hours of the employeesinvolved."

The election committee did their best at exercising due diligence by following theconstitution to the letter, which clearly states that members shall sign the roster (GFTconstitution Article VI.C.8.j.). This instruction was clearly stated in the writteninstructions provided to the people conducting the election. The decision was made notto count or even open the ballots from the two schools that had no signatures.

The date and times of absentee voting at the GFf office is prescribed by Art VI C 8 i "Amember who is in good standing (as evidenced by the Membership Roster) and iseligible to vote, but is unable to vote at the polling station on the scheduled day of theelection, may vote by absentee ballot only within four days preceding the last Friday inFebruary, between the hours of 8 AM and 5 PM, at the GFf Office in Mangilao."

The supposed event conducted by President Rector is a reference to his personalfacebook site where he used the event function to remind everyone to vote:

Please Re-elect Matt Rector for President of GFTYou are Attending Share Public Event

~ Edit Event .,.. Mess~~e Guests

Tuesday. February 12 at 10:ooa01" ~bl1Jary 25 at 5:00pm

People You May Know See~.Il

Rachel Dacwag• ..B mutual friends

@ Add .::s friendGFT offke r,langilao

r lolt Rector Birthdays See All

Please help keep GFr. Guam's Local Union a powerful union with the strength to':in for cur members our f•••mites and all of Gu,lm's Worling Families by re-e:l&ting

the incumbent At-lal'ge offkers , PIca se forward thK to all of your friends and(amll,'"s. '-Ial.e the phone cells. send the text messages and get our members outto vote. Biba GFT:::

o:f:I Birthdays:Stacey.Anll Crua, Tricia vetesquer Chandler,veronke (unml!!lgs Gutierrez, John castro.k>hn f..m'lStn:.og

Sponsored

J Post •. I link ,Photo'. '" vrdec

Guam F.lmily Law Attorney

~ ft' Divorce. custody. child

support. adoptions.guardianships. Freeconsultations.+ Select Guests to Invite

See All ~j Like

, ~E.arbari'lJ.ll' en "Muscle Maximizer" Method

Very unique musclebuilding technique. Nopills or powders. Just eninnovative training andn\!hihr.n nlf'thnrl

Sipcer,ely, '"/' ...•.••...1

2~~'-::·;~..~lft.~:.j 6.1SJ.-'~Sanja,y 11.SharmaGFT SecretaryAFT local 1581

Cc: Carol Somerfleck, Member in Good StandingSolomon Smith, Jr., Director, AFf Western RegionDavid Strom, Director; AFf General Counsel

Attachment 1GENERAL

MEMBERSHIPMEETING

Monday, February 28,2011at the GFT Compound 5:30pm

*Constitutional amendments will be voted on

(A copy of the amendments is available onthe Members' only section of the website or

at the GFT Office)

Friendly reminder fromyour Election Committee

ELECTION DAYFriday, February 25,2011

*Updated Polling site list is available on themembers' only portion of the GFT

Absentee voting is available. Please seemember's only portion of the website or call

the GFT Office for details.

www.gftunion.com

PRSRTSTDUS POSTAGE PAIDBARRIGADAGUPERMTTNO.73

GFT Guam's Local UnionPOBox 2301Hagatna, GU 96932

Jessielyn Aguigui113 Maggas CtDededo, Guam 96929

2011 CANDIDACY FORAT-LARGE OFFICERS

CANDIDACY PERIOD:Fri, January 21, 2011, 8 a.m. - Fri,February 4, 2011, 5 p.m.(Note: Candidacy forms will be availableat the GFT Office)ELECTION DAY:Friday, February 25, 2011INSTALLATION/RECOGNITION:Will be announcedELIGIBILITY REQUIREMENTS:To run for an official position, you musthave been a member in good standingon or before Friday, January 21,2011.

To vote in Election 2011, you musthave been a member in good standingon or before Friday, February 25,2011.

Attachment 1

PRSRTSlDus POSTAGE PAIDBARRlGADA GUPERMIT NO. 73

TOGETHERWE WIN!

~u, I ssr ) tuecuon I"o".ng »nesPleasecontact your UnionSteward/Pollster for voting time andplace. Schools and Worksites notlisted may vote at the GFTOffice inMangilao. Updates for the locationof the voting sites will be available atthe GFTOffice and will be posted onthe GFTWebsite. Thank you.

Elementary SchoolsAdacao: Cindy UnAgana Heights: SelinaCastro/UsaVillanuevaCarbullido: Shiela IndalecioCl,Taitano: Mark TaisapicCapt H.B.Price: Gregory (Todd) HallChief Brodie: David HendricksDol Perez: ClaireSantosF.Q.Sanchez: Cynthia JohnsonFinegayan: ClarissaSanAgustinH.5.Truman: Cora MuchoInarajan: Arvin AguonJ. M.Guerrero: Jan RudolphJ.Q. San Miguel: Debra DuenasL.B.Johnson: Nancy KelleyLiguan: Mel RamosM.u. Lujan: Susan CassidyMachananao: Catalina LimtuatcoMaria A. Ulloa: Kimberlie CastroMerizo: Vickie SubbertOrdotiChalan Pago: PatriaSablanP.c. Lujan: Ann Marie TrussoTalafofo: Lily Delos SantosTamuning: FrancesBlancoUpi: Linda Edward/Mark LePlatneWettengel: Chris LeonGuerrero

Mlat1le scnootsAgueda: Neeti PrakashAstumbo: Jamie ZapantaF.B.Leon Guerrero: Donna CruzInarajan: Joey PaulinoJ.P.Torres Alternative: Ron BenaventeOceanview: Doris TerlajeUntalan: Marilyn CastroVicente Benavente: Patty Fejeran

High SchoolsGeorge Washington: Lisa MosherJohn F.Kennedy: Joe Van RodeckOkkodo: Barbara JanssenSouthern High: Michael BaileySimon Sanchez: George FreesePort Authority of GuamJoaquin TayamaGuam Police DepartmentAgana: Mercy GrinoAgat: Christopher DawsonTamuningffumon: Jeff DuenasTiyan: Mark Charfauros

IAttachment 1

VOTING BY ABSENTEE BALLOTA member who is in good standing (asevidenced by the Membership Roster) and iseligible to vote, but is unable to vote at thepolling station on the scheduled day of theelection, may vote by absentee ballot onlywithin four days preceding the last Friday inFebruary, between the hours of 8 a.m, and 5p.m., at the GFT office in Mangilao.Themember will be given a ballot at the poll-ing station, and will provide identification bypresenting an official photo ID (such as adriver's license, Government of Guam ID card,or passport). Themember will sign the mem-bership list next to their printed name indicat-ing that he or shehas received the ballot. Afterfilling out the ballot, the member shall placethe ballot in the official stamped envelope,and then place the stamped envelope in theballot box.

Price Elementary Steward2001 to present

ElementaryViceChair2002 2004

Vice-President 2004 to present

Negotiated current Teachers' Contract,

Fire Department Contract, Union• leadership Institute classes 3 years

Testified for teachers and port workers

Ti~othy R.Fedenko lobbied senators for teacher pay increases

(lncumbant) 'Over saw award winning news programsLibrarian winn Ing 17 awards from AFTC.H.B.PriceElementarySchoolCandidatefor VicePresident Pride ofthe Union Award Winner 2006, 2008

Worked to get benefits for members such as double stamps at Shellgas stations, discounts at GTA, Salon Paradis, Tarza Water Park, Pat'sWindow Tinting, Mark's Sporting Goods, WiseOwl Animal Clinic, free TBtesting and many more.

===:::::~:3IBI _

I have been a member for over 8 years,

joining on my first day on the job as a

teacher. As your current secretary, I have

faithfully lobbied to get pay raises and ,

better working conditions for you, my ,

fellow union members. I have negotiated Iworking rights for DOE teachers, DOE Isupport staff, port employees, DPW bus

drivers, OODEAbus drivers, and nurses. I

have received extensive knowledge Sanla H. Sharmathrough the Union leadership Institute (InCu~b!nt)and seek to continue serving GFT. TeacherI humbly ask for your vote and to also JFK High Schoolconsider voting for Matt Rector,Timothy Candidate for Secretary

Fedenko, and James lujan.

Hafa Adai fellow Member!The 2011 GFT At-Large Officer Election is coming up on Friday,February 25, 2011! To vote in this Election, you must have been amember in good standing on or before Friday, February 25, 2011.The following information is a list of you r candidates as well as a listofthe Polling Sites. If you have further questions, then you may callthe GFTOffice at 735-439(J.

Edward J.QuintanillaDispatcherAlutilq Bus DriversCandidate for President

Serving and leading this great union

for the past 7 years has truly been an

honor. Together we have accom-

plished great things. We grew a

sleepy little teachers unIon with only

1049 members to a union powerhouse

of 2400 members with the power to win

for our members and families. We have

won great contracts, put millions of

Matthew J. Rector dollars into our members' pockets,(lncumbant) saved hundreds of jobs and built anPresident award winning communicationGFTCandidatefor President machine that empowersahd wins for

members. I humbly ask for your vote for President to lead our great

union to more victories in the years ahead.

Being a member of the Guam Federa-

tion of Teachers, I believe it would be

an obligation to be an active partici-c:.mr.. ,,,,.•.ik, pant. I am presently the treasurer.

Before me the union struggled to

maintain a person for treasurer as they

seem to quit not too long after they

got elected. Prior to becoming the

treasurer, one of my goals was to liire

an accountant to assist in managing

our accounts so I did. These five years

have had our Challenges and progress,

but we have managed to keep our

books above board.

As a second generation of GFT, I am for

positive change in our union. I have served

our union and its members in a number of

ways consistently and without bias. I served

as a steward, a GFT representative on the

Guam Education Policy Board. I have even

served our members before the Civil Service

Commission. I have seen the benefit of our

union's collective bargaining agreements.

With my experience as a co-mediator at

Inafa Maolel<,differences should be worked

out by looking at the true interests of the

party and finding resolution from an

interest- based process.

James A.C. Lujan(lncumbant)TeacherOkkodo High SchoolCandidate for Treasurer

James ThomasNicholsTeacherD.L PerezElementarySchoolCandidatefor VicePresident

-;;';::;::;::==:::-:-:T;:;:he time has come for change. Our

union is about its members and not

about Individual vanity. Unions

should enter collective bargaining

agreements. Our union has NOT

successfully entered collective

bargaining agreements for its

members. What agreements have

been made are either unenforceable

(I.e. teacher's contract) or illegal (i.e.

Alutig). The Interest of the union must

be refocused to be the interest of the

members, not some political agenda

not related to our working conditions.

I wiU make this union about the members!

I am a proud math teacher at GW. Iwas ~.~~.-'

raised to show respect and have been {I,l .disappointed in the lack of respect the ~

union has shown to it's membership. I

believe that both management and

teachers should work toward the

interest of our consumers to provide

the highest quality services to our

community. If elected treasurer all

expenses will be accounted for and

known to all members. Expenses will

need to be justified for the good of all

members. Any member seeking

information will be treated not as an

intruder but as a co-equal stakeholder.

I am proud to be a part of our local union. It

has a long history of serving its members.

The history of our union is preserved in the

minutes of meetings. These vital minutes

serve as a guide for future leaders. The

detailed discussions and actions taken at

meetings provide members access to

information and holds the leaders they elect

accountable. I will make it my priority to

ensure our minutes are detailed and made

available for membership review in a timely

manner.

Carol T. SomerfleckTeacherAgana HeightsElementary SchoolCandidate for President

Cris I. ManglonaTeacherGW High SchoolCandidate for Treasurer

Jennifer BerryTeacherC.H.B.PriceElementarySchoolCandidate for Secretary

Kenneth J. CruzDispatcherAlutiiq BusDriversCandidate forVice President

Attachment 2,.2011 GFT At-Large Officers Election

Voting Procedure

Step by Step Voting Procedure for Members on Voting List:

5. Voter presents identification and initials the membership list.

6. Steward or Responsible Union Member issues ballot and stamped envelope.

7. Voter marks ballot and places ballot in the GFT stamped envelope.

8. Voter places stamped envelope in the manila envelope or ballot box.

Step by Step Voting Procedure for Members NOT on the Voting List (Challenge Ballot):

5. Voter prints and signs name on the membership list with worksite, mailing address, andposition title.

6. Voting site Steward or Responsible Member issues ballot and stamped envelope.

7. Voter marks and places ballot in a GFT stamped envelope.

8. Voter places GFT stamped envelope inside the "Challenge" envelope with name,signature and worksite.

\ttachment 2

2011 E LEe T ION PROCEDURESGUAM FEDERATION OF TEACHERS

1. Voting will take place on Friday, February 25,2011 at various polling sites between 7:00 a.m. or8 a.m. and 4:00 p.m. by the site steward. These hours may be changed at the discretion of the sitesteward. Continuous voting will take place at the main GFf office from 7:00 a.m. to 5:00 p.m.

2. Stewards are responsible for naming a responsible Union Member (inclusive of themselves) toconduct the election and return the ballot envelope to the GFT office no later than 5:00 p.m.

3. The Steward or other responsible Union member will establish a polling station at the variousworksites. Please confirm election time with your steward. Sites with no pollsters will vote at themain GFT office in Mangilao.

4. There shall be absolutely no campaigning or printed campaign materials within 100 ft. of thepolling sites on the Election Day.

5. If a candidate is found in violation of rule #4, the election commission can and will declare thecandidate ineligible for the position.

6. The Election Committee will conduct the election within the guidelines of the GFT Constitutionand By-Laws with the help of Stewards and GFf office staff.

7. Anyone who is a member in good standing on or before January 21,2011 shall have the right torun for office.

8. Any voting member who has been in good standing on or before February 25, 2011 may supportand campaign for the candidates of their choice and vote in the election.

9. Each candidate may inspect the GFT Membership Roster just once within thirty calendar daysprior to the election, but no candidate is entitled to receive a copy of the GFT Membership Roster.

The GFT Membership Roster shall be available for inspection at the GFT Office between 8 a.m.and 5 p.m. on each business day within the thirty calendar days before the election. Upon request,the GFf Office staff shall allow the candidate to inspect the Roster.

If the Election Committee discovers that a candidate has used a "personal" membership list thatwas created or obtained as a result of the candidate (or a supporter) serving as a union officer, thenthe list must be made available to all other candidates.

10. Each member in good standing (as evidenced by the membership list) will be given a ballot withcandidates listed for the at-large offices. If for some reason, the member is unknown to theprecinct official, the member will provide identification by presenting a photo I.D. The memberwill initial the membership list indicating that he/she has received the ballot. After filling out theballot, the member shall place it in a GFT stamped envelope, and then place the stamped envelopein the manila envelope or ballot box.

Procedures for Voting:

A. Voter presents identification and initials the membership list.B. Steward or Responsible Union Member issues ballot and stamped envelope.C. Voter marks ballot and places ballot in the GFT stamped envelope.D. Voter places stamped envelope in the manila envelope or ballot box.

Attachment 3

ARTICLE V - MEMBERSHIP

A. NON-DISCRMINATION

In accordance with the Constitution of the United States, the laws thereof, and the laws of theTerritory of Guam, the GFf does not discriminate against applicants or members because of race,creed, sex, sexual orientation, disability, social, political or economic status or national origin.

B. ELIGIBILITY A:"JD fl\ELlGIBILlTY

I. Those eligible for membership

a. Membership in the GFT is open to any person working within the Government ofGuam domain, CNMI Public School System, DODEA, and Guam private schools.

b. GFf Executive Council may, at a meeting, approve membership for otherpersons in the private sector.

c. Officers of the GfT Executive Council as prescribed by Article Vl.A.

2. Those ineligible for membership

Persons excluded from being regular members of the GFf are those who hold anymanagement or supervisory position as defined by law, with the following exception:regular members who serve in any management or supervisory positions shall retain theirmembership if they serve in that position for Lipto ninety days. After ninety days in thatposition, their membership shall immediately be changed to GFT associate members untilthey vacate their management or supervisory position.

3. Fair-share or service-fee-paying members

Fair-share or service-fee-paying members are not full-dues-paying members. Only thosemembers who are paying or have paid the required annual membership dues are votingmembers of the OFf and can hold an office in the union. Therefore, fair-share orservice-Fee-paying members cannot hold any office in the union or vote in any GFTelection.

C. CLASSES OF MEMBERS AND SCHEDULE OF DUES

I. Regular members

Regular members are those who have a signed membership card on file in the GFTOffice, meet the eligibility criteria, and are paying or have paid the required annualmembership dues.

a. The annual dues are computed by adding together three components: I) the AFT percapita tax; 2) the GFT per capita tax; and 3) a percentage of the member's salary.

b. The dues owed to the GFf shall automatically increase by an amount equal to anyannual AFT per capita tax increase.

Attachment 3Suspension or Expulsion by Executive Council

If the Executive Council is of the opinion that a member has conducted him or herself in amanner which is harmful to the interests of GFr or its members then the Executive Council musthold an enquiry into that member's conduct. The member must be given an opportunity topresent his or her case at such an enquiry.

The Executive Council may thereafter decide: to excuse the member; suspend the member for afixed period on such conditions as they deem fit; or expel the member.

If the vote by the Executive Council to take action in any matter provided for in this section is byless than a two thirds majority, but by more than a simple majority of the members of any quorumthe member may request that the matter be brought to a vote of the membership at large during thenext general membership meeting at which time the member in question must receive at least atwo thirds majority vote of any quorum therein present at said meeting to override the vote of theExecutive Council. Any vote taken to the general membership meeting must be done by secretballot and conducted by officials from the AFT. If AFT officials are unavailable then thedetermination of the Executive Council shall stand until a General Membership meeting can beheld with AFT officials present to conduct the vote.

Employer termination-If an employer terminates a member's employment as a result of a labordispute or under circumstances which the Executive Council believes is unfair, that memberremains a member of GFf for a period of a year from the date of termination or until legalproceedings challenging the dismissal have been finalized.

F. MEMBEI~SJ-lIPIN ONLY ONE UNION

Members of the GFT shall be members of only one union for which their primary employmentqualifies them. In the event their primary employment is not with an eligible organization,membership must be applied for through whatever union is most closely related to the applicants'employment. In cases of dispute, the GFr Executive Council shall settle the matter.

RIGHT TO UNITE WITH GFT

The Executive Council may allow unions to enter into GFT at any time. Once the ExecutiveCouncil allows a union to join, then that union is considered to be in active standing and shallcomply with Article VIII.B.2. The Executive Council may allow unions to merge. A union, onceentered into GFT, shall not be allowed to leave.

H. REVERSION OF INTEREST UPONTERMINATIONOF MEMBERSHIP

All prospective or contingent interest of any member in the GFT shall cease and revert absolutelyto the GFT upon termination of membership. Such termination shall operate as a release andassignment to the GFT, of all the rights and interest whatsoever of such member in and to theproperty, assets, rights and privileges of the GFr.

ARTICLE VI - OFFICERS, AFT CONVENTION DELEGATES, AND THEIR ELECTION

A. Of'FICERS OF THE Gl-j EXECUTIVE COUNCIL

The Executive Council of the GFT shall be comprised of at-large officers and all the chairs of theunions that make up the GFT. There shall be four at-large officers: a President, Vice President,Secretary, and Treasurer.