January 30, 1996
VIA UPS OVERNIGHT
David A. Vinson, President
Teamsters Local Union 822
5718 Brartree Street
Norfolk, VA 23502
Franz Green
469 Thalia Road
Virginia Beach, VA 23452
Re: Election Office Case No. E-044-LU822-SEC
Dear Mr. Vinson,
David A. Vinson, President of Local Union 822, protested the eligibility of Franz Green to run for delegate from the local union as defined in the Rules for the IBT 1995-1996 International Union Delegate and Officer Election (“Rules”). Mr. Vinson alleges that Mr. Green took a voluntary withdrawal on February 13, 1995, losing his good standing from that date until April 5, 1995, when he became current in his dues.
Mr. Green went on withdrawal from February 13, 1995 until March 7, 1995 due to an accident. His February 1995 dues payment was timely. His March 1995 payment was deducted late by his employer.
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. Rules, Article VII, Section 1(a)(1). Article X, Section 5(c) of the IBT Constitution, requires dues to be paid on or before the last business day of the current month for a member to be in good standing for that month.
David A. Vinson
January 30, 1996
Page 1
Article II, Section 4(a)(1) of the IBT Constitution provides, in pertinent part:
[I]f a member on withdrawal deposits his card in the month immediately following the month for which it was effective and pays his dues for both months in a timely manner as provided in Article X, Section 5(c), such period of withdrawal shall not be considered a break in continuous good standing in the Local Union.
Article VII, Section 2(a) of the Rules provides, “The continuous good standing requirement may be met by compliance with the withdrawal or transfer card provisions of the International Constitution and Local Union Bylaws.”
Here, Mr. Green’s withdrawal card was deposited in March 1995, the month following February 1995 when the card was effective. However, Article II, Section 4(a)(1) of the IBT Constitution requires that dues be paid in a timely manner for both months to avoid a break in good standing.
Article X, Section 5 of the IBT Constitution 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 Election Officer’s investigation discloses that Mr. Green had sufficient earnings in March 1995 to cover his dues payment for that month. Since his late payment in March 1995 is attributable to the failure of his employer to make a proper deduction for that month, he will not lose good standing for that month. Therefore, Mr. Green has met the continuous good standing requirement by proper deposit of his withdrawal card and payment of his dues.
Accordingly, it is the determination of the Election Officer that Mr. Green is eligible to run for delegate.
David A. Vinson
January 30, 1996
Page 1
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: Election Appeals Master Kenneth Conboy
J. Griffin Morgan, Regional Coordinator