February 7, 1996
VIA UPS OVERNIGHT
Dane Passo
February 7, 1996
Page 1
Dane Passo
6811 W. Roosevelt Road
Berwyn, IL 60402
RPM Slate
c/o Jo Pressler
Teamsters Local Union 705
1645 W. Jackson Boulevard
Chicago, IL 60612
Gerald Zero, Secretary-Treasurer
Teamster Local Union 705
1645 W. Jackson Blvd.
Chicago, IL 60612
Dane Passo
February 7, 1996
Page 1
Re: Election Office Case No. E-055-LU705-EOH
Gentlemen:
Local Union 705’s nomination meeting was held on January 21, 1996. By letter received by the Election Officer on January 23, 1996, Dane Passo, a member of Local
Union 705 protested the eligibility of each member of the Reformers Pride Movement (“RPM”) slate. Mr. Passo made no specific allegation against any candidate, nor did he state any grounds for his belief that the RPM candidates were ineligible.[1]
According to the slate declaration form filed with the Election Officer, the RPM slate consists of the following candidates:
Dane Passo
February 7, 1996
Page 1
Gerald Zero
John McCormick
Edward Benesch
Bennie Jackson
Greg Galles
James Drews
Mike Thornton
Lorelei Anderson
Sergio Oceguera
Robert Persak
Steve Pocztowski
Wally Trakys
William Blake
Rick Rohe
John Igoe, Jr.
Harry Stewart
Freeman Wilson
Bruce Weyand
Dennis DeBoni
Bruce Saxe
Jerry Blitstein
Jon Clary
Charles Hockmeyer
Lee Kelly
Dane Passo
February 7, 1996
Page 1
In order to be eligible to run for delegate or alternate delegate 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 juris-diction of the local union for a period of 24 consecutive months prior to the month of nomi-nation. Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”), Article VII, Section 1(a)(1) and (2).
Each member of the RPM slate has previously requested a verification of his or her eligibility from the Election Officer. In each case, the Election Officer found the respective individual eligible to run for delegate or alternate delegate.
No new evidence was presented that would alter these findings of eligibility. A reex-amination of the non-TITAN computer records reveals that the following individuals’ dues have been remitted in a timely manner for 24 consecutive months prior to their nomination:[2]
Dane Passo
February 7, 1996
Page 1
John McCormick
Edward Benesch
Bennie Jackson
James Drews
Michael Thornton
Lorelei Anderson
Sergio Oceguera
Robert Persak
Stephen Pocztowski
Walter Trakys
William Blake
Rick Rohe
John Igoe, Jr.
Harold Stewart
Freeman Wilson
Bruce Weyand
Bruce Saxe
John Clary
Charles Hockmeyer
Lee Kelly
Dane Passo
February 7, 1996
Page 1
Accordingly, 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 Gerald Zero
Members of Local Union 705 pay their dues monthly on cash payment but are encouraged to make advance quarterly payments before the last business day of the first month of the quarter. Members who do not make such quarterly payments do not lose good standing.
Mr. Zero’s non-TITAN record indicates that his April dues were remitted late. The investigation revealed, however, that these record entries reflect an error on the part of the local union. Mr. Zero had an overage of $100 from November 8, 1993. Mr. Zero made a lump payment of his April, May, and June dues on May 4, 1994. While this quarterly payment would normally be due in April, the $100 overage on account with the union was sufficient to cover his dues payment for April. The local union, however, did not apply the money on account to the missing payment and thereby showed an arrearage for this month. The arrearage, however, remained in Mr. Zero’s account until it was applied to his October and November 1994 dues. Mr. Zero made no payment of dues in November 1994.
Mr. Zero had sufficient funds on account to be credited for timely dues payment for every month in 1994. Accordingly, it is the determination of the Election Officer that
Mr. Zero is eligible to run for delegate to the International convention.
Eligibility of Greg Galles
Mr. Galles’ non-TITAN record indicates that his April 1995 checkoff dues were remitted late. The investigation revealed that Mr. Galles had sufficient earnings from which dues could have been deducted.
Article X, Section 5(c) 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 late payment in Mr. Galles’ record was the result of a late remittance by his employer for which Mr. Galles will not be penalized. As a result, Mr. Galles has maintained 24 months’ continuous good standing prior to his nomination.
Dane Passo
February 7, 1996
Page 1
Accordingly, it is the determination of the Election Officer that Mr. Galles is eligible to run for delegate to the International convention.
Eligibility of Dennis DeBoni
Mr. DeBoni’s non-TITAN record indicates his check-off dues for January, April, and July 1994 were remitted late to the local union. The investigation revealed, however, that
Mr. DeBoni had sufficient earnings from which dues could have been deducted for each of these months.
Accordingly, it is the determination of the Election Officer that Mr. DeBoni is eligible to run for delegate to the International convention.
Eligibility of Jerry Blitstein
Mr. Blitstein is a checkoff dues payer and is employed by Yellow Freight. His non-TITAN record indicates that his dues for April 1994 were paid late in cash and his checkoff dues for December 1994 were remitted late to the local union.
The investigation revealed that Mr. Blitstein had sufficient earnings from which dues could have been deducted in both months. Mr. Blitstein was on strike for part of April 1994, and his employer did not check off his dues for that month. Mr. Blitstein had sufficient earnings from the part of the month when he was not on strike to cover his dues.
There are many instances in which an employer does not deduct dues from a member’s earnings because the member was ill during the pay period from which dues are deducted or chose to go on vacation during the pay period. When a member seeking an eligibility verifi-cation is on check-off and there is a late payment of dues, the Election Officer has determined such members to be eligible as long as they had sufficient earnings in the month(s) in question from which dues can be deducted. See Winstead, E-021-LU89-EOH (January 25, 1996).
Accordingly, it is the determination of the Election Officer that Mr. Blitstein is 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:
Kenneth Conboy, Esq.
Latham and Watkins
885 Third Avenue, Suite 1000
New York, NY 10022
Fax (212) 751-4864
Dane Passo
February 7, 1996
Page 1
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
Julie E. Hamos, Regional Coordinator
[1]Mr. Passo did not name the members of the RPM slate in his protest. After a request by an Election Office representative, he provided a list which included five names identified as “independents.” These independent candidates are not part of the RPM slate and, consequently, not parties to Mr. Passo’s original protest. The eligibility of these individuals will not be addressed in this decision.
[2]Local Union 705 does not record member information on the TITAN system. Its records are kept on an independent computer system. Printouts from this system were made available to the Election Officer during her investigation.