February 6, 1996
VIA UPS OVERNIGHT
Lewis A. Dirickson
February 6, 1996
Page 1
Lewis A. Dirickson
7 Sandpiper Lane
Beecher, IL 60401
Clifford Andersen
206 8th Street
Standard, IL 61363
Frank J. Wsol, Secretary-Treasurer
Teamsters Local Union 710
4217 S. Halsted Street
Chicago, IL 60609
Lewis A. Dirickson
February 6, 1996
Page 1
Re: Election Office Case No. E-066-LU710-EOH
Gentlemen:
On January 26, 1996, the Election Officer determined that Clifford Andersen, a member of Local Union 710, was ineligible to run for delegate or alternate delegate as defined in the Rules for the IBT 1995-1996 International Union Delegate and Officer Election (“Rules”). Mr. Andersen’s was nominated to run for delegate at the Local Union 710 nomination meeting held January 28, 1996. By letter received by the Election Officer on January 29, 1996, Lewis A. Dirickson protested Mr. Andersen’s eligibility.
Article VII, Section 1(a) of the Rules provides:
To be eligible to run for any Convention delegate, alternate delegate or International Officer position, one 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;
Lewis A. Dirickson
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; and
(3) Be eligible to hold office if elected.
Article X, Section 5 of the IBT Constitution requires all members paying dues to a local union to pay dues on or before the last business day of the current month. Mr. Andersen was off work and on workers’ compensation from July 2, 1994 until January 21, 1996. Although he has been on check-off, he paid his dues for June through December 1995 by cash on January 11, 1996, and thus did not pay those dues in a timely manner.
The Election Officer is mindful of the hardships that can result on members who endure prolonged periods of unemployment due to illness or injury. For some members, those not desirous of running for office or a delegate position, the withdrawal-card provision of Article XVIII, § 6(a) of the IBT Constitution is a desirable method of relieving them of the burden of paying dues during their illness. Members who chose not to take a withdrawal card during such times must continue to pay their dues and, in order to retain eligibility, must pay them in a timely fashion. See Coleman, E-162-LU710-CHI (January 9, 1991), aff’d,
91 - Elec. App. - 39 (January 17, 1991).
While Mr. Andersen is to be commended for paying his dues during his incapacitation and period of unemployment, he was required to pay his dues in a timely fashion in order to retain his eligibility to run for delegate. Any other rule would make eligibility depend not upon clear rules, but upon a case‑by‑case determination of the extent of individual hardship. It is easy to see how the latter method could lead to arbitrary interpretation. Id.
The Election Officer further notes that Mr. Andersen’s cash dues from November 1994 through February 1995 were remitted late. Accordingly, Mr. Andersen lacks the 24-month good standing required by the Rules and thus is ineligible to run for delegate.
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
Julie E. Hamos, Regional Coordinator