Protest Decisions

January 30, 1996

VIA UPS OVERNIGHT

Patrick Frey

4430 S. 262nd Street

Kent, WA    98032

Jerry Halberg

7903 S. 124th Street

Seattle, WA 98178

Willette Mitchell

102 North 83rd

Seattle, WA  98103

Anthony Murrietta

1025 S. 171st Street

Seattle, WA  98148

Dana Moore

1717 NW 100th

Seattle, WA  98177

Bob Romeo

5401 20th Avenue South

Seattle, WA  98108

Richard Kraft

4432 176th SW #4

Lynnwood, WA  98037

Scott Sullivan

14112 141st Court SE

Renton, WA  98059

Doug Frechin

7515 181st Place SW

Edmonds, WA  98026

Peter Coates

12233 SE 64th Place

Belllevue, WA  98006

Larry Strocsher

19010 Meridian Place West

Bothell, WA  98012

Bruce Teel

12004 Slater Avenue #F5

Kirkland, WA  98034

Steve Santone

1323 East Pine Street, #17

Seattle, WA  98122

Robert Hasegawa

Secretary-Treasurer

553 John Street

Seattle, WA  98109

Patrick Frey

January 30, 1996

Page 1

Re: Election Office Case No. E-034-LU174-EOH

Gentlemen:

Local Union 174's nominations meeting was held on January 11, 1996.  By letter received by the Election Officer on January 16, 1996, Patrick Frey, a member of Local Union 174, protested the eligibility of local union members Scott Sullivan, Jerry Halberg, Anthony Murrietta, Dana Moore, Willette Mitchell, Bob Romeo, Steve Santone, Richard Kraft, Doug Frechin, and Bruce Teel to run for delegate; and Peter Coates and Larry Strocsher to run for alternate to the International convention.

Mr. Frey makes no specific allegation against any candidate or candidates, nor does he allege that the candidates fail to fulfill a specific eligibility requirement of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”).  Instead he expresses his intention to generally “challenge” the eligibility of these candidates.

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).  In addition, a member must be in good standing at the time of the nomination in order to nominate or second the nomination of a candidate.  Rules, Article II, Section 5(e) 

Eligibility of Scott Sullivan, Jerry Halberg, Dana Moore, Willette Mitchell, Steve Santone, Peter Coates, and Larry Strocsher

The investigation disclosed that the above-named individuals fulfill the eligibility requirements of the Rules.  In each case, the relevant records indicate that the member has paid all dues in a timely manner and maintained good standing in the local union during the 24 months prior to nomination.  As a result, it is the determination of the Election Officer that these individuals are eligible to run for delegate or alternate delegate to the International convention.

Eligibility of Anthony Murrietta

Patrick Frey

January 30, 1996

Page 1

The Election Officer determined Mr. Murrietta to be eligible to run for delegate on January 10, 1996.

The TITAN record reflects that Mr. Murrietta’s dues for July, August, and September 1995 were remitted late to the local union.  Mr. Murrietta is on dues checkoff with his employer.

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.

The investigation disclosed that Mr. Murrietta had earnings from which dues could have been deducted in each of the months for which his dues were not timely remitted.  Consequently, the late remittances were the result of late payments by the employer.  Accordingly, it is the determination of the Election Officer that Mr. Murrietta is eligible to run for delegate.

Eligibility of Robert Romeo

The Election Officer determined Mr. Romeo to be eligible to run for delegate on January 11, 1996.

The TITAN record reflects that Mr. Romeo’s dues for January, February, March, April, and May 1994 were remitted late to the local union.  Mr. Romeo is on dues checkoff with his employer.

The investigation disclosed that Mr. Romeo had earnings from which dues could have been deducted in each of the months for which his dues were not timely remitted.  These late remittances were the result of late payments by the employer.  Accordingly, it is the determination of the Election Officer that Mr. Romeo is eligible to run for delegate.

Eligibility of Richard Kraft

Patrick Frey

January 30, 1996

Page 1

Mr. Kraft is a cash dues payer.  An examination of the TITAN record indicates that Mr. Kraft’s dues for December 1994 were posted late on January 9, 1995.  According to the local union, Mr. Kraft’s dues for December were received by mail on January 3, 1995.  Mr. Kraft insists he paid his December dues in December and has produced the canceled check  used for the payment.  The check is dated December 31, 1994, a Saturday.  A representative of the local union states that the local union office is not open for business on Saturdays.  As a result, Mr. Kraft’s dues could not have been accepted at the local union on December 31.  Consequently, Mr. Kraft failed to pay his dues on or before the last business day of the month as required by Article X, Section 5(c) of the IBT Constitution.  Accordingly, it is the determination of the Election Officer that Mr. Kraft is not eligible to run for delegate to the International convention.

Eligibility of Douglas Frechin

Mr. Frechin is a cash dues payer.  An examination of his TITAN record indicates that his dues for January 1994 and July 1995 were posted late.  The local union’s mail log, however, indicates that Mr. Frechin submitted his dues on time.  The late posting reflects a delay between when payment was received and when the TITAN operator entered a record of the payment on the system.  Accordingly, it is the determination of the Election Officer that Mr. Frechin is eligible to run for delegate to the International convention.

Eligibility of Bruce Teel

Mr. Teel is a cash dues payer.  An examination of the local union’s mail log, in which payments are recorded on the day on which they were received, indicates that Mr. Teel paid his January 1994 dues on February 1, 1994; his March 1994 dues on April 4, 1994; his May and June 1994 dues on July 18, 1994; his August 1994 dues on September 19, 1994, and his September 1994 dues on October 4, 1994.[1]  In addition, Mr. Teel’s TITAN record indicates he paid fines for late payment of dues on July 20, 1994 and September 21, 1994.

Mr. Teel states that he has no records nor any recollection which would indicate whether he paid his dues late or not.  He also concedes that, if the local union’s records indicate he paid late, then he probably did pay late. 

Mr. Teel did not maintain the 24 months continuous good standing required by the Rules.  Accordingly, it is the determination of the Election Officer that Mr. Teel is not 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:

Patrick Frey

January 30, 1996

Page 1

Kenneth Conboy, Esq.

Latham and Watkins

885 Third Avenue

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

Christine Mrak, Regional Coordinator