Protest Decisions

January 31, 1996

VIA FACSIMILE AND UPS OVERNIGHT

K. L. Gorzen

January 31, 1996

Page 1

K. L. Gorzen

Teamsters Local Union 979

B1-1680 Dublin Avenue

Winnipeg, Manitoba R3H 1A8

Canada

Edmund Hawrysh

63 Morning Glory Crescent

Winnipeg, Manitoba  R2J 3Y7

Canada

Richard Ashdown, Secretary-Treasurer

Teamsters Local Union 979

B1-1680 Dublin Avenue

Winnipeg, Manitoba  R3H 1A8

Canada

K. L. Gorzen

January 31, 1996

Page 1

Re: Election Office Case No. E-032-LU979-EOH                 DECISION ON                                  Eligibility of Edmund Hawrysh to Run for Delegate   REMAND

Gentlemen:

K. L. Gorzen

January 31, 1996

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In response to a pre-nomination request for eligibility verification, by notice dated January 6, 1996, the Election Officer determined that Edmund Hawrysh was eligible to run for delegate or alternate delegate to the International convention.  On January 9, 1996, Mr. Hawrysh accepted a nomination to run for delegate to the International convention at Local Union 979's nominations meeting.  By letter on January 12, 1996, K. L. Gorzen filed a protest in which he contends that Mr. Hawrysh is ineligible to run for delegate because he has not paid his dues in a timely fashion for the 24 months prior to the month of his nomination as required by the Rules for the IBT 1995-1996 International Union Delegate and Officer Election (“Rules”).  The Election Officer issued a decision on January 19, 1996, in which she found Mr. Hawrysh eligible to run for delegate.  Mr. Gorzen appealed this decision to the Election Appeals Master.  In his decision, dated January 30, 1996, Election Appeals Master Kenneth Conboy remanded the decision for the explicit purpose of determining whether Mr. Hawrysh’s dues reduction was authorized or unauthorized.  Mr. Conboy directed the Election Officer to “consider de novo the impact of [this] factual resolution. . . upon Mr. Hawrysh’s qualifications for candidacy under the Election Rules.”  In Re: Gorzen, 95 - Elec. App. - 67 (KC) (January 30, 1996).

The factual determination directed by the Election Appeals Master concerns Mr. Hawrysh’s dues rate.  The following facts are not in dispute.  From January 1990 to November 1993, Mr. Hawrysh was the secretary-treasurer of Local Union 979.  His TITAN record of the period shows his employer code to be the one assigned to employees of the local union.  During his tenure as secretary-treasurer, Mr. Hawrysh was paid a salary of $60,000 a year and paid dues at the rate of $35 a month.  Mr. Hawrysh resigned his position with the local union in November 1993 to accept an appointment as an International Representative for the IBT.  His new salary was also $60,000 a year.  Mr. Hawrysh maintained his membership in Local Union 979.  In November 1993, his TITAN employer code was changed to “Local Union 789 Miscellaneous” and his dues rate was lowered to $17 a month.

Mr. Hawrysh contends that he did not request that his dues be adjusted downwards.  According to his statement, he was informed by either Kathy Harkness, the local union secretary, or Ron Hall, the successor secretary-treasurer, that he had been assigned the new employer code because the local union had no other employee category in which he would fit.  Mr. Hawrysh insists that his dues rate was changed because all members in the Miscellaneous employer code paid the same rate of $17 per month.

Ms. Harkness states that Mr. Hawrysh told her directly to reduce his dues rate to $17 a month.  She further states that she complied and did not confirm his request with Secretary-Treasurer Hall because Mr. Hawrysh had been her boss for several years and she did not think to question his authority.

Mr. Hall denies that he ever authorized a reduction in Mr. Hawrysh’s dues.  He states that he did not know Mr. Hawrysh’s dues rate had been lowered until late 1994 when he was checking the eligibility of members to run for local union office.  After this discovery, Mr Hall brought the matter before the executive board, which acted to raise Mr. Hawrysh’s dues retroactively.  Mr. Hall states that the board concluded that, since Mr. Hawrysh made an unauthorized adjustment of his dues rate, he was in arrears for the difference between what he paid and what he ought to have paid from the time his dues rate was changed.

K. L. Gorzen

January 31, 1996

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International representatives remain members of a local union.  It is the local union which authorizes the International Representative’s dues rate.  An examination of the dues rate paid by other International Representatives in Canada from November 1993 to December 1994 shows that Mr. Hawrysh paid a substantially lower dues rate than his colleagues.  Of the five sample TITAN records of other International Representatives inspected in the investigation, the lowest rate paid was $29 a month, and the average rate was $42 a month.  In fact, according to the IBT, it is customary for International Representatives to pay dues at rates among the highest in their respective local unions.[1]

The $17, and later $19, rate paid by Mr. Hawrysh was normally reserved for local union members who were unemployed but actively seeking employment so that these members would not incur arrearages or be forced into withdrawal.  Mr. Hawrysh was paid the same respectable salary as International Representative as he was paid as secretary-treasurer.  It seems unlikely that the local union would assign Mr. Hawrysh an unemployed member’s dues rate when he was making a salary of $60,000 a year.

Mr. Hawrysh asserted that it was the local union’s assignment of a “Misc.” employer code that resulted in his $17 dues rate.  This contention is not persuasive. According to the TITAN record, all members of Local Union 979 listed with this code paid dues of $17 a month in November 1993.  This dues rate, however, is by no means automatic.   The entry of an employer code on the TITAN system does not automatically assign a dues rate.  The rate of dues must be entered separately by the TITAN operator.  Hence, Mr. Hawrysh could have been placed in status code “Misc” but have been assigned a higher dues rate.

Accordingly, it is the conclusion of the Election Officer that Mr. Hawrysh’s $17 per month dues rate was not authorized by the local union.  Whether Mr. Hawrysh directed Ms. Harkness to change his dues rate or he passively accepted a dues rate that he knew or should have known was substantially lower than union policy or custom permitted, Mr. Hawrysh must be held to have knowingly paid dues at a rate below which he was obligated.

In order to be eligible to run for delegate or alternate 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 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).

Since the local union did not authorize the $17 dues rate paid by Mr. Hawrysh upon assuming the International representative position, the later adjustment by the local union executive board was not a retroactive dues increase that would require written notice to the affected member.  Instead, the executive board corrected the improper TITAN entry which made it appear that Mr. Hawrysh’s dues rate had changed from $35 a month to $17 a month.  Since Mr. Hawrysh’s dues rate did not officially change in November 1993, he failed to pay a sufficient portion of his dues from that time until he brought his account current in July 1995.

K. L. Gorzen

January 31, 1996

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As a result, of Mr. Hawrysh’s failure to pay his full dues in a timely fashion for the 24 continuous months prior to his nomination, he has failed to maintain good standing in his local union as required by the Rules.  Accordingly, it is the determination of the Election Officer that Mr. Hawrysh is not eligible to run for delegate or alternate 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, 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

Gwen Randall, Regional Coordinator