Protest Decisions

February 13, 1996

VIA UPS OVERNIGHT

Carl Quartararo & Ginny Ross

February 13, 1996

Page 1

Carl S. Quartararo

357 Sanford Avenue

Lyndhurst, NJ 07071

Ginny Ross

17 Pheasant Run

Edison, NJ 08820

Anthony DiCataldo

7 Burnham Road

Morris Plains, NJ 07950

James P. Mengel

810 Murray Street #1-D

Elizabeth, NJ 07202

Donald Cicetti

1028 Franklin Avenue

Newark, NJ 07107

Andrew Trause, President

Teamsters Local Union 97

485 Chestnut Street

Union, NJ 07083

Carl Quartararo & Ginny Ross

February 13, 1996

Page 1

Re:  Election Office Case No. E-072-LU97-EOH

Gentlepersons:

Local Union 97 held its nominations meeting on January 28, 1996.  At the meeting, James Mengel was nominated to run for delegate to the International convention by

Donald Cicetti.  Mr. Mengel’s nomination was seconded by Anthony DiCataldo. 

Mr. DiCataldo was nominated by Mr. Mengel to run for delegate, and his nomination was seconded by Mr. Cicetti.  Mr. Cicetti was nominated by Kariam Ahmad to run for delegate, and his nomination was seconded by Mr. DiCataldo.  By letter received by the Election Officer on January 29, 1996, Carl Quartararo and Ginny Ross protested the eligibility of

Mr. DiCataldo and Mr. Mengel to run for delegate, and the eligibility of Mr. Mengel to second Mr. Cicetti’s nomination.

Article VII, Section 1(a) of the Rules for the IBT 1995-1996 International Union Delegate and Officer Election (“Rules”) provides:

Carl Quartararo & Ginny Ross

February 13, 1996

Page 1

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;

(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.

Eligibility of James Mengel

Mr. Quartararo and Ms. Ross allege that Mr. Mengel has not been a member of Local Union 97 in good standing for 24 consecutive months prior to the month of his nomination, as required by the Rules.  The investigation revealed that Mr. Mengel was on dues checkoff with his employer, Federated Distribution Marking Service (“Federated”) until July 28, 1995.  While employed with Federated, Mr. Mengel’s dues were posted late to the local union several times.  According to Mr. Mengel’s employer, however, Mr. Mengel had sufficient income from which dues could be deducted in each month for which dues were submitted late.  These late payments resulted from late remittances by the employer and do not affect Mr. Mengel’s eligibility.[1]

Carl Quartararo & Ginny Ross

February 13, 1996

Page 1

The investigation further disclosed, however, that Mr. Mengel failed to pay his August 1995 dues.  Mr. Mengel left his employment with Federated on July 28, 1995.  He began working for Tri-Maintenance on August 7, 1995.  Mr. Mengel’s dues checkoff authorization card is dated September 18, 1995.  Prior to September 18, 1995, Tri-Maintenance was not authorized to withhold Mr. Mengel’s dues.  As a result, Mr. Mengel was obligated to pay his August 1995 dues in cash and failed to do so. 

The TITAN record also reflects late payments while Mr. Mengel was on checkoff with Tri-Maintenance and had sufficient earnings from which dues could have been deducted.  As stated above, the existence of late payments by the employer to the local union does not affect Mr. Mengel’s eligibility.  The fact, however, that Mr. Mengel failed to pay dues for August 1995 indicates that Mr. Mengel does not possess the 24 months’ continuous good standing required by the Rules.

Accordingly, it is the determination of the Election Officer that Mr. Mengel is not eligible to run for delegate or alternate delegate to the International convention.  The Election Officer makes no determination concerning Mr. Mengel’s eligibility to second a nomination.  While the protesters claim that Mr. Mengel seconded the nomination of Mr. Cicetti, the record indicates that Mr. Cicetti’s nomination was seconded by Mr. DiCataldo, whose eligibility to run for delegate and to second a nomination is examined below.

Eligibility of Anthony DiCataldo

The protesters allege that Mr. DiCataldo has not been a member of Local Union 97 in good standing for 24 consecutive months prior to the month of his nomination, as required by the Rules.  The investigation disclosed no evidence to indicate that Mr. DiCataldo was a member of Local Union 97 prior to February 1994.  The TITAN record states that

Mr. DiCataldo was initiated into Local Union 97 on May 1, 1994.  Additional documentation indicates that Mr. DiCataldo began working in the local union’s jurisdiction on February 7, 1994, at which time he applied for health and welfare benefits from the local union and signed a dues checkoff authorization card.  Thus, even if the membership standard is liberally construed, the record indicates that Mr. DiCataldo had no more than 23 months of possible good standing with Local Union 97 at the time of his nomination.

Accordingly, it is the determination of the Election Officer that Mr. DiCataldo is not eligible to run for delegate or alternate delegate to the International convention.

Mr. DiCataldo is, however, eligible to second the nomination of Mr. Cicetti. 

Article II, Section 5(e) of the Rules states:

Nominations shall take place at a general or special membership meeting or at a meeting of each separate division, craft or place of employment authorized by the Local Union Executive Board to hold a separate meeting and shall be made by a member in good standing other than the nominee, by motion seconded by a member in good standing other than the nominee.

Carl Quartararo & Ginny Ross

February 13, 1996

Page 1

Mr. DiCataldo’s TITAN record indicates his dues were paid in full prior to the local union’s nomination meeting.  He was, as a result, in good standing at the time he seconded

Mr. Cicetti’s nomination.

Nomination of Donald Cicetti

The protester’s sole allegation concerning Mr. Cicetti is that his nomination was seconded by Mr. Mengel, who was not eligible to do so.  As stated above, Mr. Cicetti’s nomination was seconded by Mr. DiCataldo, who has been determined eligible to second

Mr. Cicetti’s nomination.

Accordingly, it is the determination of the Election Officer that the seconding of

Mr. Cicetti’s nomination to run for delegate did not violate the Rules.

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

Peter V. Marks, Sr., Regional Coordinator