January 17, 1996
VIA UPS OVERNIGHT
Ray Gergely, Secretary-Treasurer
Teamsters Local Union 395
1350 Osler Street
Regina, Saskatchewan
Canada S4R 1W7
David Hiltz
1314 Avenue I, North
Saskatoon, Saskatchewan
Canada S7L 2J3
Re: Election Office Case No. E-029-LU395-EOH
Eligibility of David Hiltz
Gentlemen:
On January 10, 1996, the Election Officer received the protest of Ray Gergely challenging the eligibility of David Hiltz, a member of Local Union 395. Mr. Gergely asserts that Mr. Hiltz is ineligible to be a candidate for delegate or alternate because his dues were not paid for the month of September 1994. Local Union 395 held its nomination meeting on January 8, 1996.
According to the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”), at Article VII, Section 1(a)(1) and (2), Mr. Hiltz is eligible to run for delegate or alternate to the International convention if (1) he is in continuous good standing with his local union, with his dues paid 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 and (2) he is employed at the craft within the jurisdiction of the local union for a period of 24 consecutive months prior to the month of nomination.
Ray Gergely
January 17, 1996
Page 1
Mr. Hiltz’s TITAN record does show that a withdrawal card was issued to him in September 1994 by Local Union 395 and that his dues were not paid for that month.
Mr. Hiltz was injured on the job in late August 1994. He returned to work on September 12, 1994. During part of that month, he was not able to work. However, he never requested a withdrawal card and did earn wages from which dues could be deducted during the month of September 1994. See IBT Constitution, Article X, Section 5(c). His withdrawal card was deposited in October 1994 and his dues for that month were properly posted.
It is the policy of Local Union 395 to automatically place injured workers on withdrawal status regardless of the nature of the injury. Since Mr. Hiltz worked and had sufficient earnings from which dues could be deducted in the month of September 1994, he is eligible to be a candidate for delegate or alternate delegate.
Accordingly, 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, 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