October 31, 1995
VIA UPS OVERNIGHT
Jack Powers
October 31, 1995
Page 1
Jack Powers, Secretary-Treasurer
Teamsters Local Union 1150
150 Garfield Avenue
Stratford, CT 06497
James R. Sota
235 York Street
Stratford, CT 06497
Jeffrey W. Cederbaum
12 Rocky Glen
Seymour, CT 06483
Jack Powers
October 31, 1995
Page 1
Re: Election Office Case No. E-010-LU1150
Protest of Jack Powers to Eligibility of James R. Sota and
Jeffrey W. Cederbaum to Run for Delegate
Teamsters Local Union 1150
Gentlemen:
By letter received by the Election Officer on October 24, 1995, Jack Powers protested the eligibility of James R. Sota and Jeffrey W. Cederbaum to run for delegate to the IBT convention. Both members were nominated at the nomination meeting held on October 23, 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).
This protest is based upon the late payment of dues for particular months of members who are on dues check-off.
Jack Powers
October 31, 1995
Page 1
There are many instances in which an employer does not deduct dues from a member’s earnings, for example, if the member is ill or chooses to go on vacation during the pay period when the dues remittance is made. When a member seeking an eligibility verification is on check-off and there is a late payment of dues, the Election Officer verifies the member as eligible as long as he/she had sufficient earnings from which dues can be deducted in the month in question. This interpretation is supported by Article X, Section 5(c) of the IBT Constitution, which states, in pertinent part:
[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 such an event, the Local Union shall notify the member of his employer’s failure and payment shall be made by the member within thirty (30) days of said notice in order to retain good standing status.
See Aulicino and Genoese, 91 - Elec. App. - 105 (SA) (March 22, 1991). See also, statement of the former Election Officer, Amy Gladstein, in the September 1993 issue of the Teamster magazine in which she makes it clear that as long as a member has earnings in a month, even if there were no earnings in the pay period when dues were deduced, a member does not lose good standing. If, however, the local union gives notice to the member of the employer’s failure to make timely payment, the member will lose good-standing unless payment is made within 30 days of the notice from the local union.
I. Eligibility of Jeffrey W. Cederbaum
The TITAN reflected that no dues were deducted for Mr. Cederbaum for the month of September 1995. The investigation by the Election Officer revealed that the employer deducted dues from the second week’s check and sent a check to the local union the third week. Both of the members whose eligibility have been challenged did not work during the week when dues were deducted. Mr. Cederbaum confirmed that he was out on disability from September 6, 1995 until September 18, 1995. Mr. Cederbaum received notice from the local union that his dues were delinquent on October 21, 1995. He went to the local union and paid his delinquent dues on October 23, 1995, within the 30-day period.
Accordingly it is the determination of the Election Officer that Mr. Cederbaum is eligible to run for delegate to the International convention.
II. Eligibility of James R. Sota
The TITAN record reflected that no dues were deducted for Mr. Sota for the month of August. However, the Election Officer established that Mr. Sota had earnings during the month in question which were sufficient to cover a month’s dues.
Jack Powers
October 31, 1995
Page 1
The investigation disclosed that Mr. Sota was first notified on September 28, 1994, with a second notice on October 28, 1994, that his dues were delinquent. Cash dues were not posted to Mr. Sota’s account until November 16, 1994, well over the 30 days from the September 28, 1994 notice. Therefore, Mr. Sota did not retain his good-standing status, and is ineligible to run for delegate to the 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 in any such appeal. Requests for a hearing shall be made in writing and shall be served on:
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: Election Appeals Master Kenneth Conboy
Shaila Stewart, Associate Regional Coordinator