January 24, 1996
VIA UPS OVERNIGHT
Cliff Webb
January 24, 1996
Page 1
Cliff Webb, Secretary-Treasurer
Teamsters Local Union 150
7120 East Parkway
Sacramento, CA 95823
Thomas R. Cota
8173 Mills Gap Way
Sacramento, CA 95828
John G. Platt
P.O. Box 4
Pollock Pines, CA 95726
Cliff Webb
January 24, 1996
Page 1
Re: Election Office Case No. E-031-LU763-EOH
Gentlemen:
On November 21, 1995, the Election Officer issued an eligibility verification finding Thomas R. Cota eligible to run as a delegate from Local Union 150 to the IBT convention. On November 24, 1995, the Election Officer issued an eligibility verification finding
John G. Platt eligible to run for delegate. Cliff Webb, secretary-treasurer of Local Union 150, filed a protest on January 12, 1996 protesting the eligibility of Mr. Cota and Mr. Platt to run for delegate, as defined by the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”). The protester alleges that Mr. Cota was not a member in good standing in April, May and June 1995 because he did not pay full dues in those months, and that Mr. Platt has not been employed at the craft since July 1994.
Mr. Platt responds on behalf of Mr. Cota and himself that the protest is untimely. As to the merits, Mr. Platt asserts on behalf of Mr. Cota that the local union failed to collect his dues for April, May and June 1995. As to himself, Mr. Platt responds that since July 1994, he has been actively seeking and available for employment in the craft.
Cliff Webb
January 24, 1996
Page 1
1. Timeliness
The Rules, at Article XIV, Section 2(b), state, "Except as otherwise provided . . . all preelection protests . . . must be filed within two (2) working days of the day the protester becomes aware or reasonably should have become aware of the action protested or such protests shall be waived."
The requirement to promptly file protests is an important part of the election process. The short time limit was designed to ensure that alleged violations of the Rules are quickly brought to the attention of the Election Officer in order to afford the greatest opportunity for applying an effective remedy in the event a violation is found. Nevertheless, the Election Officer has not treated time limits as an absolute jurisdictional requirement, but rather as a prudential restriction.
Mr. Cota and Mr. Platt were nominated as candidates for delegate at the nomination meeting for Local Union 150 held January 3, 1996. Mr. Webb states that he tried to transmit his protest by telecopy to the Election Office on January 5, 1996 but was unable to do so because the Election Office’s telecopy machine was alternately malfunctioning and in use. Accordingly, Mr. Webb mailed his protest. The fax machine was malfunctioning on
January 5, 1996. Therefore, the Election Officer finds that the delay in filing the protest was not the fault of the protester. Thus, the protest is timely and will be resolved on its merits.
2. The Eligibility of Mr. Cota
In order to be eligible to run for delegate to the International convention, a member must be in continuous good standing with his or her local union, with his or her 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 and be employed at the craft within the jurisdiction of the local union for a period of 24 consecutive months prior to the month of nomination. Rules, Article VII, Sections 1(a)(1) and (2).
According to the IBT Constitution, dues must be paid on or before the last business day of the month. Article X, Section 5(c) further states:
Payment of such dues after their due date shall not restore good standing status for such month or months in computing the continuous good standing required by Article II, Section 4 of this Constitution as a condition of eligibility for office. However, 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.
Cliff Webb
January 24, 1996
Page 1
Mr. Cota’s employer, Granite Construction, has consistently remitted his regular dues in a timely manner. However, it did not remit his supplemental dues for April, May and June 1995 during which time a dispute over its obligation to remit such dues was pending before the National Labor Relations Board. The local union did not send Mr. Cota notice that he was in arrears for the three months or any portion thereof. Mr. Cota had sufficient earnings during these months for his supplemental dues deductions. In July 1995, upon settlement of the dispute, Granite resumed remitting supplemental dues for Mr. Cota’s dues. Beginning in July 1995, the local union posted supplemental dues remitted on behalf of Mr. Cota to the month dues were paid, and did not post any dues to April, May or June 1995.
Article X, Section 5(c) provides that Mr. Cota shall not lose his status as a member in good standing on account of his employer’s failure to deduct his dues. Here, the alleged deficiency in Mr. Cota’s good standing was on account of his employer’s failure to deduct his dues during the three months in question. Accordingly, Mr. Cota’s good standing is not affected by the failure of his employer to deduct his supplemental dues in April, May and June 1995.
3. The Eligibility of Mr. Platt
Article VII, Section 2(b) reads:
The active employment at the craft requirement may be excused by unemployment if, for the period of unemployment, the member was actively seeking and available for employment in the craft and not working outside the craft during such period of unemployment, or by active pursuit of an unresolved grievance or other legal action challenging suspension or discharge.
Mr. Platt advises that he has been actively seeking employment in his craft, that of a long-line truck driver, also known as an over-the-road driver. Mr. Webb argues that Mr. Platt cannot be looking for work because he is going to school full time. Mr. Platt advises that he is taking night school classes, is not a full-time student and remains available for employment in the craft. The Election Officer finds no basis for disputing Mr. Platt’s asserted status as available and actively seeking employment in the trade.
Accordingly, it is the determination of the Election Officer that both Mr. Cota and
Mr. Platt are 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:
Cliff Webb
January 24, 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