February 12, 1996
VIA UPS OVERNIGHT
Douglas Power
February 12, 1996
Page 1
Douglas Power, Secretary-Treasurer
Teamsters Local Union 419
1890 Meyerside Drive
Mississauga, Ontario L5T 1B4
Daniel Greenslade
31 Larmont Street
Aurora, Ontario L4S 1V6
Daniel Green
25 Martha Eaton Way #1203
Toronto, Ontario M6M 5B7
Frank Leal
20 Hesp Drive
Bolton, Ontario L7E 2R5
Tom Fraser, President
Teamsters Local Union 419
1890 Meyerside Drive
Mississauga, Ontario L5T 1B4
Douglas Power
February 12, 1996
Page 1
Re: Election Office Case No. E-073-LU419-EOH
Gentlemen:
Douglas Power, secretary-treasurer of Local Union 419, protested the eligibility of
Daniel Greenslade to nominate Daniel Green to run for delegate and of Frank Leal to second the nomination.[1] The protester asserts that Mr. Greenslade and Mr. Leal did not pay dues to the local union in December 1995 and, furthermore, that the charged parties are members of Local Union 938 because their employer was purchased by a company whose employees are represented by that local union.
Douglas Power
February 12, 1996
Page 1
Article II, Section 5(I) of the Rules for the IBT 1995-1996 International Union Delegate and Officer Election ("Rules") states that to be eligible to run for delegate "a member must be nominated and seconded by a member in good standing, each with his/her dues paid through the month prior to the nomination meeting." Local Union 419 held its nomination meeting on January 28, 1996.
In December 1995, Mr. Greenslade and Mr. Leal worked for Cannet Freight ("Cannet") and were members of Local Union 419. On October 20, 1995, Cannet was purchased by a company named Clarke Transport ("Clarke"), whose employees are represented by Local
Union 938. On December 29, Clarke closed the Cannet facility and notified the employees that a general layoff would take place at the end of the work week due to a shortage of work. The notice stated that employees could contact Clarke in January 1996 about the availability of work.
The TITAN record for Mr. Greenslade indicates that he is a member of Local Union 419 and that his last dues payment was posted on September 22, 1995. Mr. Leal has an identical TITAN record. Both Mr. Greenslade and Mr. Leal submitted pay stubs to the Election Officer for the month of December which show that union dues were deducted by their employer for that month.[2]
Officials at Clarke have informed the Election Officer that Cannet deducted dues for its employees for October, November and December of 1995 but did not remit them to Local
Union 419.[3] According to the TITAN operator at Local Union 419, Cannet took the position that Clarke was responsible for remitting the dues and that Clarke agreed to do so on January 10, 1996. The investigation conducted by the Election Officer, however, indicates that such payment has not yet been made.
Article X, Section 5(c) of the IBT Constitution requires that dues be paid "on or before the last business day of the month." However, Section 5(c) continues that "a member on 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."
In accordance with this provision, Mr. Greenslade and Mr. Leal cannot be penalized for the failure of Cannet to remit their check-off dues for the month of December 1995 to their local
union.
Douglas Power
February 12, 1996
Page 1
In regard to Mr. Power's contention that Mr. Greenslade and Mr. Leal are currently members of Local Union 938, the Election Officer determined in Case No. P-314-LU938-CAN, et seq. that the former employees of Cannet Freight remain members of Local Union 419 as they have not been transferred to Local Union 938 as of this date.
Accordingly, it is the determination of the Election Officer that Mr. Greenslade and
Mr. Leal are members in good standing of Local Union 419 and were eligible to nominate and second the nomination of Mr. Green to run for delegate to the International convention.
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
Gwen Randall, Regional Coordinator
[1]Mr. Power also challenged the eligibility of Mr. Green to run for delegate. In a decision issued February 12, 1996, the Election Officer consolidated this portion of Mr. Power's protest with Election Office Case No. P-314-LU938-CAN.
[2]A computer record supplied to the Election Officer by Clarke provided the same information.
[3]The Ontario Labour Board apparently held a hearing on January 15, 1996 concerning Cannet's failure to remit these dues payments. The Election Officer is not aware that a decision has been issued at this time. According to Clarke officials, Cannet is now bankrupt.