October 31, 1995
VIA UPS OVERNIGHT
Ralph H. Goscinak, Secretary-Treasurer
Teamsters Local Union 259
258-260 West Broadway
South Boston, MA 02127
Timothy W. Dunn
37 Southwick Road
North Reading, MA 01864
Re: Election Office Case No. E-009-LU259-EOH
Protest of Ralph H. Goscinak
Eligibility of Timothy W. Dunn to Run for Delegate
Teamsters Local Union 259
Sirs:
By letter received by the Election Officer on June 21, 1995, Timothy W. Dunn requested that the Election Officer determine his eligibility run for delegate to the IBT convention. By notice dated August 17, 1995, the Election Officer verified Mr. Dunn as eligible to run for delegate. Mr. Dunn submitted another request to verify his eligibility on October 12, 1995. On October 13, 1995 the Election Officer found him eligible.
Mr. Dunn was nominated to run for delegate at the nomination meeting which was held on October 18, 1995.
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).
Ralph Goscinak
October 31, 1995
Page 1
Ralph H. Goscinak, Secretary-Treasurer of Local Union 259, filed a timely protest to this ruling dated October 19, 1995 alleging that Mr. Dunn is not eligible to be a candidate because he has not been a member in continuous good standing for 24 consecutive months prior to the month of nomination for delegate as required by Article VII of the Rules because his dues for March 1995 were not paid by the last day of the month.
The TITAN record confirms that Mr. Dunn did not have dues withheld for the month of March 1995. The Election Officer’s investigation revealed that Mr. Dunn did not work during the first week in March when dues were deducted. However, it was established that he had sufficient earnings in March from which dues could have been deducted.
There are many instances in which an employer does not deduct dues from a member’s earnings because the member was ill during the pay period from which dues are deducted or chose to go on vacation during the pay period. When a member seeking an eligibility verification is on check-off and there is a late payment of dues, the Election Officer has verified such members’ eligibility as long as they had sufficient earnings in the month(s) in question from which dues can be deducted. This interpretation by the Election Officer is supported by the plain language of the IBT Constitution, Article X, Section 5(c), which states that members on dues checkoff will not lose good-standing status for any given month if an employer fails to make a proper deduction during any month in which the member has earnings from which the dues could have been deducted. (Emphasis supplied) See Aulicino and Genoese, 91 - Elec. App - 105 (SA) (March 22, 1991). Furthermore, notice of this interpretation of the Constitution by the Election Officer was given in the September 1993 issue of the Teamster magazine. At that time, the Election Officer addressed issues of candidate eligibility in a question-and-answer format, which included the following:
Q: What happens if my employer always deducts dues during one particular pay period in each month and I do not get paid in that particular period?
A: As long as a member has earning in the month, even if there were no earnings in the pay period that the dues were deducted, a member does not lost good standing status. It would be prudent to check your pay stubs every month to make sure the proper deduction was taken, and to request the employer make a double deduction the next month if a deduction was missed.
Accordingly, it is the determination of the Election Officer that Mr. Dunn is eligible to run for delegate to the IBT International Convention.
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 by the party in any such appeal. Requests for a hearing shall be made in writing and shall be served on:
Ralph Goscinak
October 31, 1995
Page 1
Kenneth Conboy, Esq.
Latham and Watkins
885 Third Avenue, Suite 1000
New York, NY 10022
Fax (212) 751-4864
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: Kenneth Conboy, Election Appeals Master
David F. Reilly, Associate Regional Coordinator