February 23, 1996
VIA UPS OVERNIGHT
James R. Norman & Kevin M. Brisky
February 23, 1996
Page 1
James R. Norman
1915 Cleveland Street, N.E.
Minneapolis, MN 55418
Kevin M. Brisky
7516 Imperial Drive, West
Brooklyn Park, MN 55443
Bill Urman, Secretary-Treasurer
Teamsters Local Union 792
3001 University Avenue, S.E.
Minneapolis, MN 55414
James R. Norman & Kevin M. Brisky
February 23, 1996
Page 1
Re: Election Office Case Nos. E-092-LU792-EOH
E-093-LU792-EOH
Gentlemen:
Local Union 792’s nomination meeting was held on February 5, 1996. At the meeting, William Urman accepted a nomination to run for delegate to the International convention. In separate letters received by the Election Officer on February 8, 1996, James Norman and Kevin Brisky protested Mr. Urman’s eligibility to run for delegate. Both protesters allege that Mr. Urman has failed to pay his dues in a timely manner for the 24 consecutive months prior to his nomination as required by the Rules for the IBT 1995-1996 International Union Delegate and Officer Election (“Rules”).
Article VII, Section 1(a) of the Rules provides:
(a) 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;
James R. Norman & Kevin M. Brisky
February 23, 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; and
(3) Be eligible to hold office if elected.
Mr. Urman is a cash-dues payer. According to Mr. Urman’s TITAN record, his dues for February 1994 were posted to the system on March 8, 1994, and his dues for June 1994 were posted to the system on July 20, 1994.
The investigation revealed that Mr. Urman paid his February 1994 dues with a check dated February 28, 1994. Bank records indicate that this check was deposited at Central Bank on March 1, 1994. Mr. Urman paid his June 1994 dues with a check dated June 30, 1994. Bank records indicate that this check was deposited at Central Bank on July 1, 1994.
According to Larry Yoswa, president of Local Union 792, there is often a delay between when dues are paid to the local union and when they are posted to the TITAN system. Mr. Yoswa stated that this delay could be several weeks. Mr. Yoswa’s statement is confirmed by the fact that the local union deposited Mr. Urman’s June dues on July 1, 1994 but did not post the receipt of those dues to TITAN until July 20.
While a date written on Mr. Urman’s check does not confirm that his dues were paid on that date, the fact that both checks were deposited on the first day of the month subsequent to the one in which they were due, combined with the fact that the each check is dated in the appropriate month raises a strong inference that the dues were paid on time. The late record on TITAN thus resulted from the delay between payment and posting.
As a result, the Election Officer finds on the evidence presented that Mr. Urman has maintained 24 months of continuous good standing with regard to his payment of dues prior to his nomination, as required by the Rules. Accordingly, it is the determination of the Election Officer that Mr. Urman is 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
James R. Norman & Kevin M. Brisky
February 23, 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
Judy Kuhn, Regional Coordinator