February 6, 1996
VIA UPS OVERNIGHT
James E. Eastwood II
February 6, 1996
Page 1
James E. Eastwood II
2416 N. Bigelow Street
Peoria, IL 61604
Larry Miller
1210 S. Duncan
Marion, IL 62959
Frank J. Wsol, Secretary-Treasurer
Teamsters Local Union 710
4217 S. Halsted Street
Chicago, IL 60609
James E. Eastwood II
February 6, 1996
Page 1
Re: Election Office Case No. E-063-LU710-EOH
Gentlemen:
The Election Officer determined that Larry Miller was eligible to run for delegate to the International convention on January 24, 1996. Mr. Miller was nominated to be a candidate for delegate at Local Union 710's nomination meeting on January 28, 1996. By letter received by the Election Officer on January 29, 1996, James E. Eastwood II protests Mr. Miller's eligibility to run for delegate.
Article VII, Section 1 of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election ("Rules") provides that to be eligible to run for delegate to the International convention, a member must:
(1) Be a member in continuous good standing of the Local Union, with one's dues paid to the Local Union for a period of twenty-four (24) consecutive months prior to the month of nomination for said position with no interruptions in active membership due to suspensions, expulsions, withdrawals, transfers or failure to pay fines or assessments;
James E. Eastwood II
February 6, 1996
Page 1
(2) Be employed at the craft within the jurisdiction of the Local Union for a period of twenty-four (24) consecutive months prior to the month of nomination.
The Election Officer's investigation shows that Mr. Miller was employed by United Parcel Service ("UPS") for the 24 months prior to January 1996 and that his dues were checked off by his employer during that period. According to records from the local union, Mr. Miller's dues payments were remitted late by UPS for the months of June, September and December of 1994, and February, April, November and December of 1995.
Under Article X, Section 5(c) of the IBT Constitution, membership dues must be paid "on or before the last business day" of the month in which they are due. The section further provides, however, that a member participating in 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."
Mr. Miller has submitted proof to the Election Officer that he had sufficient earnings for the months of June, September and December of 1994, and February, April, November and December of 1995, from which dues could have been deducted. Accordingly, the late payments reflect an error on the part of his employer for which Mr. Miller will not be penalized.
For the foregoing reasons, the Election Officer finds that Mr. Miller is eligible to run for delegate from Local Union 710.
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
James E. Eastwood II
February 6, 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