February 5, 1996
VIA UPS OVERNIGHT
Danny Peterson, President
Teamsters Local Union 385
126 North Kirkman Road
Orlando, FL 32811
Tofek Saleeba
458 Bonifay Avenue
Orlando, FL 32825
Re: Election Office Case No. E-076-LU385-EOH
Gentlemen:
On January 27, 1996, Tofek Saleeba was nominated to run for delegate to the International convention at Local Union 385’s nominations meeting. By letter received by the Election Officer on January 30, 1996, Danny Peterson, president of Local Union 385, protested Mr. Saleeba’s eligibility.
Article VII, Section 1(a) of the Rules for the IBT 1995-1996 International Union Delegate and Officer Election (“Rules”) provides:
To be eligible to run for any Convention delegate, alternate delegate or International Officer position, one must:
Danny Peterson
February 5, 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 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. Saleeba was off work and on workers’ compensation for a period beginning in 1992 and ending with his return to work in September 1994. Mr. Saleeba paid no dues in 1994 until his return to work.
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 those members not desirous of running for office or a delegate position, the withdrawal-card provision of
Article XVIII, Section 6(a) of the IBT Constitution is a desirable method of relieving them of the burden of paying dues during their illness. Members who choose 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. 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. Saleeba’s cash dues for 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