Protest Decisions

              January 24, 1996

VIA UPS OVERNIGHT

Raul Rodriguez, Jr.

January 24, 1996

Page 1

Raul Rodriguez, Jr.

13251 Mulberry Drive #1

Whittier, CA 90602

Kurt Larsen

Teamsters Local Union 630 

750 S. Stanford Avenue

Los Angeles, CA  90021

J. L. Vercruse, Secretary-Treasurer

Teamsters Local Union 630

750 South Stanford Avenue

Los Angeles, CA 90021

Raul Rodriguez, Jr.

January 24, 1996

Page 1

Re:               Election Officer Case Nos.              E-043-LU630-EOH

E-046-LU630-EOH

Eligibility of Raul Rodriguez, Jr. to Run for Delegate

Gentlemen:

Raul Rodriguez, Jr, a member of Local Union 630, was previously determined ineligible to run for delegate or alternate delegate by notice dated January 17, 1996. 

Mr. Rodriguez protested this determination by letter received by the Election Officer on January 17, 1996.[1]  At Local Union 630's nominations meeting on January 19, 1996,

Mr. Rodriguez was nominated to run as a delegate to the International convention. 

Mr. Rodriguez’s eligibility to run was protested by Kurt Larsen, president of Local

Union 630, in a letter received by the Election Officer on January 22, 1996.[2]  Because of the similarities of their subject matter, these protests were consolidated.

Raul Rodriguez, Jr.

January 24, 1996

Page 1

In E-043-LU630-EOH, Mr. Rodriguez contends that he was found ineligible because he is forced to pay quarterly dues by his local union while the eligibility requirements in the Rules state that good standing must be maintained through timely monthly payments.  Since, according to Mr. Rodriguez, Local Union 630 will not accept partial payments of quarterly dues, it is impossible for members to maintain their eligibility unless they pay dues for a full quarter in advance.  He argues, as a result, that a dues scheme in which members are required to pay their dues four months in advance in order to maintain their eligibility is an undue burden on himself and his local union’s membership.  In addition, Mr. Rodriguez alleges that his local union leadership failed to negotiate a dues checkoff provision with his employer, and that he and his fellow employees are unfairly burdened as a result because they are required to pay cash.

In E-046-LU630-EOH, Kurt Larsen, president of Local Union 630, protests

Mr. Rodriguez’s eligibility on the grounds that Mr. Rodriguez has failed to make timely payments of monthly dues as required by the Rules.

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). 

An examination of the TITAN record reveals that Mr. Rodriguez, a cash-dues payer, paid his February 1994 dues on March 24, 1994 and his May 1994 dues on June 30, 1994.  He argues that his late monthly payments resulted from the quarterly dues scheme used by the local union, which is unfair and unduly burdensome.  The investigation revealed, however, that Local Union 630 has not required its members to pay quarterly dues since April 1991.  At that time, the local union abolished its quarterly dues system and instructed all members that their dues were to be paid monthly.  Notice of this policy change was posted on all local union bulletin boards and distributed to shop stewards to be posted at work sites.

According to the local union, Mr. Rodriguez was a shop steward at the time this policy change was issued.  By virtue of his position he would have received a personal copy of the resolution abolishing quarterly dues.  Further, his knowledge of the change in dues policy is reflected in the TITAN record.  Except for the two months referenced above, Mr. Rodriguez made timely cash payments each month during the 24 months prior to his nomination.  If

Mr. Rodriguez actually believed he was required to pay quarterly dues, the TITAN record should reflect a pattern of quarterly payments.  Mr. Rodriguez’s record does not.  Instead it reflects the payment pattern of a monthly cash payer who made two late payments in two years. 

Given this pattern, Mr. Rodriguez’s assertions that his local union refuses partial payments of quarterly dues have no merit.  The TITAN record clearly indicates that

Raul Rodriguez, Jr.

January 24, 1996

Page 1

Mr. Rodriguez’s monthly payments were accepted by the local union.  As a result, there is no merit to Mr. Rodriguez’s contention that the requirement to pay quarterly dues is an unfair burden.

Mr. Rodriguez also contends that his local union’s failure to negotiate a dues checkoff provision with his employer created an unfair situation in which he and his fellow workers are forced to make cash-dues payments.  It is not the function of the Election Officer to require one system of dues versus another. The IBT Constitution recognizes payment by either cash due or dues checkoff.  Consequently, such a contention is not properly before the Election Officer.

Accordingly, it is the determination of the Election Officer that Mr. Rodriguez 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, 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

Dolly Gee, Regional Coordinator