February 22, 1996
VIA UPS OVERNIGHT
Arthur Lamy III
February 22, 1996
Page 1
Anthony Lamy III
38 W. 344 Monterey Drive
Batavia, IL 60510
Frank J. Wsol, Secretary-Treasurer
Teamsters Local Union 710
4217 S. Halsted Street
Chicago, IL 60609
Slobodan Golubovic
5908 S. Western Avenue
Clarendon Hills, IL 60514
Arthur Lamy III
February 22, 1996
Page 1
Re: Election Office Case No. E-070-LU710-EOH
Gentlemen:
Local Union 710 held its nomination meeting on January 28, 1996 at which Slobodan Golubovic was nominated to run for delegate to the International convention. By letter received by the Election Officer on January 29, 1996, Anthony Lamy III protests Mr. Golubovic’s eligibility to run for this position.
Article VII, Section 1 of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election ("Rules") provide 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; [and]
Arthur Lamy III
February 22, 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, for the 24 months prior to January 1996 Mr. Golubovic’s dues were deducted by his employer. According to records from the local union, Mr. Golubovic’s dues were remitted on time by his employer for each month of the
24-month period.
The investigation disclosed that Mr. Golubovic was charged $58 by the local union on June 29, 1995. Mr. Golubovic has yet to pay this amount. The charge, however, was for services rendered by the local union. The charge does not involve Mr. Golubovic’s dues and is not a fine for late payment or a penalty assessed as the result of formal disciplinary action. As a result, the $58 charge does not affect Mr. Golubovic’s eligibility.
The investigation further disclosed that Mr. Golubovic was tried for assault in a union disciplinary proceeding and found guilty. He was fined $544.50 and suspended from union membership for one year. Upon an appeal to General President Ron Carey, the finding by the local union was overturned. Frank Wsol, secretary-treasurer of Local Union 710 states that
Mr. Carey’s decision will be challenged at the International convention. The Election Officer has previously determined that a member’s eligibility is not affected by the possible outcome of pending union charges or disciplinary action. Opalesky, E-028-LU623-EOH (January 12, 1996). Similarly, the Election Officer will not disqualify a member on the basis of the possible outcome of an appeal. Mr. Golubovic’s current status is one of a member with 24 months’ continuous good standing.
As Mr. Golubovic satisfies the requirements for eligibility set forth in the Rules, the Election Officer finds he is eligible to run for delegate in Local Union 710. Accordingly, the protest is DENIED.
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 & Watkins
885 Third Avenue, Suite 1000
New York, NY 10022
Fax (212) 751-4864
Arthur Lamy III
February 22, 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 Hamos, Regional Coordinator