December 18, 1995
VIA UPS OVERNIGHT
Frank Williams
Teamsters Local Union 819
66-11 Woodhaven Boulevard
Rego Park, NY 11374
Re: Election Office Case No. E-015-LU819-NYC
Eligibility of Frank Williams to Run for Delegate
Dear Mr. Williams:
By letter received by the Election Officer on November 30, 1995, Frank Williams requested that the Election Officer determine his eligibility to run for delegate. By notice dated December 5, the Election Officer ruled Mr. Williams ineligible to run for delegate. The Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”), at
Article VII, Section 1(a)(1), states:
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.
Mr. Williams filed a timely protest to the ruling of the Election Officer on December 11, 1995.
The TITAN record reflects that Mr. Williams was late in making cash payments of dues for November 1994 and March, April, September, and October 1995. During the initial review of his eligibility, Mr. Williams explained these late payments in a November 29, 1995 letter to the Election Officer in which he states, “By practice I was accustomed to paying my dues by company dues checkoff. As a business agent, my dues were no longer deducted and I had to pay them on my own and I forgot on occasion . . .” During the investigation of this protest,
Frank Williams
December 18, 1995
Page 1
Mr. Williams again acknowledged these late payments and failed to provide any extenuating circumstances which would alter the conclusion of the Election Officer.
Accordingly, since Mr. Williams did not make a timely payment of dues for
24 consecutive months, it is the determination of the Election Officer that he is presently ineligible to run for delegate.
For the foregoing reason, the 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.
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, DC 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
Arthur Wasserman, Regional Coordinator