January 25, 1996
VIA UPS OVERNIGHT
Joe D. Lesmaster, President
Teamsters Local Union 767
624 Six Flags Drive, Suite 110
Arlington, TX 76011
Dolly Doyle
5720 Baker
The Colony, TX 75056
Re: Election Office Case No. E-023-LU767-EOH
Eligibility of Dolly Doyle to Run for Alternate Delegate
Gentlepersons:
By letter received by the Election Officer on January 9, 1996, Joe Lesmaster protested the eligibility of Dolly Doyle to run for alternate delegate to the IBT convention. Mr. Lesmaster contends that Ms. Doyle did not comply with Article VII, Section 1(a) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election ("Rules") and Article III,
Section 5(c) of the IBT Constitution in that she did not pay dues to the local union for twenty-four (24) consecutive months prior to the month in which the nomination meeting was held.
Article VII, Section 1(a) requires that a candidate for delegate or alternate delegate be in continuous good standing with his or her local union, with his or her dues paid "for a period of twenty-four (24) consecutive months prior to the month of nomination for said position with no interruptions in active membership due to suspensions, expulsions, withdrawals, transfers or failure to pay fines or assessments."[1]
Joe D. Lesmaster
January 25, 1996
Page 1
Local Union 767 held its nominations meeting on January 6, 1996. Mr. Lesmaster states that according to the local union's records, Ms. Doyle was suspended on January 18, 1994 on account of being three months delinquent in her dues, and resumed payment of dues on
February 18, 1994.
Ms. Doyle's TITAN record provides the same information. However, the investigation by the Election Officer shows that the suspension was the result of an error by the TITAN operator performing a "prebill" procedure.[2] Ms. Doyle, an employee of United Parcel Service ("UPS") did not work in December of 1993 due to a work-related injury. She returned to work in January 1994 during the week which ended on January 15. UPS remits check-off dues to Local Union 767 on the 15th day of the month.
The TITAN operator prepared the February 1994 prebill for UPS on December 28, 1993, at which point Ms. Doyle had dues paid through November 1993. Ms. Doyle did not work during December, and resumed working after dues were checked off for January 1994. When the local union did not receive Ms. Doyle's check-off dues in January, the February prebill reflected a three-month arrearage and the TITAN operator automatically, and erroneously, suspended her.
Article X, Section 5(c) of the IBT Constitution requires that dues be paid on or before the last business day of the month. However, this section further provides that "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 the instant protest, the record shows that Ms. Doyle had sufficient earnings in the month of January 1994 from which dues could have been deducted. Accordingly, it is the determination of the Election Officer that Ms. Doyle is a member in good standing and is eligible 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:
Joe D. Lesmaster
January 25, 1996
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
[1] The same standard for delegate or alternate delegate is contained in Article III, Section 5(c) of the IBT Constitution, referencing the eligibility requirements for local union officers set forth in Article II, Section 4(a)(1).
[2] The local union submits a statement to an employer, known as a “prebill,” listing all employees for whom the local union believes the employer will deduct and remit dues in a particular month.