February 14, 1996
VIA UPS OVERNIGHT
Kathy Haynes
February 14, 1996
Page 1
Kathy Haynes
22354 Donnelly
Wyandotte, MI 48192
Aaron Gully
1781 Waverly
Trenton, MI 48183
Anita Peek
9734 Wildemere
Detroit, MI 48206
C. J. Dixon
9480 Wildhams
Taylor, MI 48180
Kathy Haynes
February 14, 1996
Page 1
Re: Election Office Case No. E-084-LU283-EOH
Gentlemen:
On February 4, 1996, Arron Gully, C. J. Dixon, and Anita Peek were nominated to run for delegate to the International convention at Local Union 283’s nomination meeting. By letter received by the Election Officer on February 7, 1996, Kathy Haynes protests the eligibility of Mr. Gully, Ms. Peek, and Mr. Dixon to run for delegate, alleging that none of the aforementioned candidates has maintained 24 months’ active employment in a craft under the jurisdiction of the local union prior to his or her nomination, in violation of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”).
Article VII, Section 1 of the Rules provides that to be eligible to run for delegate to the International convention, a member must:
Kathy Haynes
February 14, 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.
In addition, Article VII, Section 2(b) states:
The active employment at the craft requirement may be excused by unemployment if, for the period of unemployment, the member was actively seeking and available for employment in the craft and not working outside the craft during such period of unemployment, or by active pursuit of an unresolved grievance or other legal action challenging suspension or discharge.
The investigation disclosed that each of the protested individuals was an officer of Local Union 283 until the expiration of their terms of office on December 31, 1995. Each has paid dues in a timely fashion for the 24 consecutive months prior to the nomination meeting.
Ms. Peek and Messrs. Gully and Dixon each advises the Election Officer that she or he has been actively seeking employment in a craft within the jurisdiction of Local
Union 283. Thus, there is no evidence they are working outside the craft. The Election Officer finds no basis for disputing their asserted status as available and actively seeking employment in the trade.
Accordingly, it is the determination of the Election Officer that Mr. Dixon, Ms. Peek, and Mr. Gully are eligible 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
Kathy Haynes
February 14, 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
William Wertheimer, Regional Coordinator