February 13, 1996
VIA UPS OVERNIGHT
Arthur N. Snow
February 13, 1996
Page 1
Arthur N. Snow
3 Visby Avenue
Plainsville, MA 02762
Phillip A. Mallett
44 Witherbee Avenue
Revere, MA 02151
George W. Cashman, President
Teamsters Local Union 25
544 Main Street
Boston, MA 02129
Arthur N. Snow
February 13, 1996
Page 1
Re: Election Office Case No. E-053-LU25-EOH
Gentlemen:
Philip H. Mallet was nominated to run for alternate delegate to the International convention at Local Union 25’s nomination meeting on January 21, 1996. By letter received by the Election Officer on January 23, 1996, Arthur N. Snow protested Mr. Mallet’s eligibility to run for alternate delegate. Mr. Snow alleges that Mr. Mallet paid dues at a rate less than the rate specified by the IBT Constitution. Therefore, the protester alleges that
Mr. Mallet does not have 24 months of continuous good standing, as required by the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“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. Also, a candidate must be eligible to serve if elected. Rules, Article VII, Sections 1(a)(1)-(2), 1(b).
The protester alleges that, for the 24 months prior to Mr. Mallet’s nomination,
Arthur N. Snow
February 13, 1996
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Mr. Mallet paid a dues rate below the minimum amount required by the IBT Constitution, Article X, Section 3(d) states that a member’s minimum dues rate shall be twice his or her hourly wage.
The investigation disclosed that Mr. Mallet was a member of Local Union 157 until April 1995 when his local union was merged with Local Union 25. Prior to the merger,
Mr. Mallet paid $22 a month in checked-off dues. This rate was less than twice Mr. Mallet’s hourly wage. In fact, the investigation revealed that dues rates in Local Union 157 were generally set below the minimum dues rate set in the IBT Constitution. After the merger,
Mr. Mallet’s dues rate remained static until July 1995, when it was raised to its current level of $35 a month. This current rate is also less than twice Mr. Mallet’s hourly base wage of $23.70.
Even if Mr. Mallet pays a lower dues rate than that allowed by the IBT Constitution, this does not render him ineligible. Mr. Mallet paid the dues rate established by his local union and communicated to the members. The constitutional section relied on by the protester states that questions or problems arising from the requirement of the twice-hourly-wage dues rate are to be addressed by the general president with the approval of the general executive board.[1]
If a member is concerned that other members of his local union are paying a constitutionally impermissible dues rate, his proper course of action would be to alert the general president to the matter. There is no evidence that the general president was contacted or issued a decision regarding the dues rates paid by members of now-defunct Local
Union 157.
Hence, Mr. Mallet’s payment of dues at the rate determined by Local Union 157 and then by Local Union 25, even if less than the rate set forth in the Constitution, shall not cause him to lose good standing so long as his dues at that rate were paid in a timely manner. An examination of Mr. Mallet’s TITAN record revealed that Mr. Mallet’s dues for every month in the relevant period except July and September 1995 have been remitted late to the local union. The investigation revealed, however, that Mr. Mallet had sufficient earnings from which dues could have been deducted for each of those months.
Article X, Section 5(c) of the IBT Constitution states:
Arthur N. Snow
February 13, 1996
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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.
Insofar as Mr. Mallet had earnings from which dues could have been deducted, the fact that Mr. Mallet’s employer made consistently late payments of Mr. Mallet’s dues to the local union does not render Mr. Mallet ineligible.
Accordingly, it is the determination of the Election Officer that Mr. Mallet is eligible to run for delegate or alternate delegate to the IBT 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
Warren Pyle, Regional Coordinator
[1]Upon request, the IBT verbally advised the Election Office that if a member is paying dues at the rate demanded by his or her local union, even if below the standard set in the IBT Constitution, the IBT does not interfere with the member’s good standing.