September 6, 1995
VIA UPS OVERNIGHT
Terry Randall
6263 Tudor Lane
Loves Park, IL 61111
Edward J. Sherman, Secretary-Treasurer
Teamsters Local Union 325
5533 11th Street
Rockfrod, IL 61109
Re: Election Office Case No. E-002-LU328-EOH
Protest of Terry Randall
Eligibility of Terry Randall to Run for Delegate
Teamsters Local Union 325
Gentlemen:
By letter received by the Election Officer on June 19, 1995, Terry Randall (Soc. Sec. No. xxx-xx-5708) requested that the Election Officer determine his eligibility to run for delegate to the International Convention. By notice dated August 10, 1995 and received by Mr. Randall on August 17, 1995, the Election Officer ruled Mr. Randall ineligible to run for delegate.
In order to be eligible to run for delegate to the International Convention, a member must be in continuous good standing with his Local Union, with his dues paid to the Local Union for a period of 24 consecutive months prior to the month of nomination with no interruption in active membership due to suspensions, expulsions, withdrawals, transfers or failure to pay fines or assessments. Rules for the 1995-1996 IBT International Union Delegate and Officer Election ("Rules"), Article VII, Section 1(a)(1).
Terry Randall
September 6, 1995
Page 1
Mr. Randall filed a timely protest to the ruling of the Election Officer dated August 18, 1995.
The TITAN record reflects that Mr. Randall’s employer checked-off and remitted his dues until March, 1995. Mr. Randall suffered a work-related injury on February 28, 1995 and did not work any day in the month of March. He did not return to work until April 10, 1995.
He received worker’s compensation for this period. As a result, Mr. Randall did not have any earnings from which his dues could be deducted in March 1995. Mr. Randall’s delinquent dues were paid on May 10, 1995.
According to the IBT Constitution, dues must be paid on or before the last business day of the month. Article X, Section 5 further states:
Payment of such dues after their due date shall not restore good standing status for such month or months in computing the continuous good standing required by Article II, Section 4 of this Constitution as a condition of eligibility for office. However, a member on dues checkoff whose employer fails to make a proper deduction during any month in which the member has earnings from which the dues could have been deducted, shall not lose good standing status for that month.
In support of his protest of the ruling of ineligibility by the Election Officer, Mr. Randall provided a pay slip which indicates that he received $82.94 in earnings in a check issued on March 10, 1995. Mr. Randall contends that this check indicates that he accrued sufficient earnings in March 1995 from which his dues could be checked-off.
The pay slip provided by Mr. Randall, however, clearly indicates that the March 10 check covered the week ending March 4, 1995. Mr. Randall suffered an injury on February 28 and was unable to return to work for over a month. Consequently, the earnings disbursed in the March 10 check were earned prior to March 1, 1995 and are not to be included in the computation of the protester’s March earnings.
The protester further claims that he did not timely pay his March dues directly to Local Union 325 because he was informed by the Karen Armstrong, Local Union 325's Recording Secretary, that failure to pay his dues by the end of March would not effect his eligibility.
Ms. Armstrong acknowledges speaking to Mr. Randall mid-afternoon on March 31. According to Ms. Armstrong, she informed Mr. Randall that, under the National Master Freight Contract, the employer is responsible for deducting dues even if the member is receiving worker’s compensation. She recalls telling him that the company should deduct March and April dues in April when Mr. Randall returned to work.
The receipt of worker’s compensation benefits does not constitute earnings under Article X, Section 5 of the IBT Constitution. While such benefits are usually tied to the level
Terry Randall
September 6, 1995
Page 1
of one’s wages, the injured worker performs no services for the compensation. Baker, Case No. E-187-LU481-CLA (January 21, 1991) Moreover, such benefits are not considered to be wages or earnings in other contexts, such as under the Internal Revenue Code. Id. Mr. Randall’s receipt of such benefits does not bring him within the provisions of Article X, Section 5 of the IBT Constitution.
Further, under the collective bargaining agreement between the Union and Mr. Randall’s employer, his receipt of worker’s compensation benefits did not constitute "earnings." The contract specifically provides that where an employee is not on the payroll "during the week in which the deduction is to be made, or has no earnings or insufficient earnings during that week, or is on leave of absence, the employee must make arrangements with the Local Union and/or the Employer to pay such dues in advance." National Master Freight Agreement for the Period of April 1, 1994 to March 31, 1998, Article 3, Section 3.
The fact that Mr. Randall was told by his Local Union that his employer would checkoff his March dues after he returned to work is irrelevant. Statements of Local Union officers cannot vary or override the terms of the IBT Constitution. Baker, supra.
In addition, Mr. Randall was put on notice that his dues would not be deducted from his worker’s compensation benefits. In her report in the October/November 1993 issue of The New Teamster magazine, the Election Officer printed the "Notice on Eligibility Requirements for Delegates to the 1996 Teamsters International Convention." Under the heading "Special rules for members on dues checkoff:" the Election Officer states explicitly:
Dues are not deducted for employee’s workers’ compensation.
Accordingly, it is the determination of the Election Officer that Mr. Randall is ineligible to run for delegate to the IBT International Convention. As a result, his protest is DENIED.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within one day of receipt of this letter. The parties are reminded that, absent extraordinary circumstances, no party may rely upon evidence that was not presented to the Office of the Election Officer in any such appeal. Requests for a hearing shall be made in writing and shall be served on:
Kenneth Conboy, Esq.
Mudge, Rose, Guthrie, Alexander & Ferdon
180 Maiden Lane, 36th Floor
New York, NY 10038
Fax (212) 248-2655
Terry Randall
September 6, 1995
Page 1
Copies of the request for hearing must be served on the parties listed above as well as upon the Election Officer, 400 North Capitol Street, Suite 855, Washington, D.C. 20001, Facsimile (202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Barbara Zack Quindel
Election Officer
cc: Election Appeals Master Kenneth Conboy
Julie E. Hamos, Regional Coordinator