February 6, 1996
VIA UPS OVERNIGHT
Richard V. Menoni
February 6, 1996
Page 1
Richard V. Menoni
16133 S. 118th Avenue
Orland Park, IL 60462
Frank McSweeney
103 Sunshine Circle
Plainfield, IL 60544
Frank J. Wsol, Secretary-Treasurer
Teamsters Local Union 710
4217 S. Halsted Street
Chicago, IL 60609
Richard V. Menoni
February 6, 1996
Page 1
Re: Election Office Case No. E-068-LU710-EOH
Gentlemen:
The Election Officer previously investigated the eligibility of Francis McSweeney, a member of Local Union 710, to run for delegate or alternate delegate as defined in the Rules for the IBT 1995-1996 International Union Delegate and Officer Election (“Rules”). On January 3, 1996, she ruled that determination of his eligibility was not possible because the documentation requested had not been provided. Richard V. Menoni filed a protest challeng-ing Mr. McSweeney’s eligibility to serve as alternate delegate after the Local Union 710 nomination meeting held January 28, 1996.
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:
Richard V. Menoni
February 6, 1996
Page 1
(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;
(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(c) of the IBT Constitution provides:
[A] member on dues checkoff whose employer fails to make a proper deduction during any month in which the member has earning s from which the dues could have been deducted, shall not lose good standing status for that month. In such an event, the Local Union shall notify the member of his employer’s failure and payment shall be made by the member shall be made by the member within thirty (30) days of said notice in order to retain good standing status.
The Election Officer has now reviewed the pertinent documentation. 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. During the 24-month-good-standing period dues were posted in a timely manner for Mr. McSweeney, who has been on check-off, except for certain months when it was determined that Mr. McSweeney’s employer, United Parcel Service, had failed to post his dues in a timely manner. During those months, Mr. McSweeney had sufficient earnings from which dues could be deducted. Accordingly, the Election Officer finds him eligible to run for alternate 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
Richard V. Menoni
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