Protest Decisions

February 29, 1996

VIA UPS OVERNIGHT

Frank Tedesco

February 29, 1996

Page 1

Frank Tedesco

4234 Hitch Boulevard

Moorpark, CA 93021

Nathaniel Taylor

2618 65th Avenue

Oakland, CA 94604

Donald Cattani

14008 Cresenta Way

Rancho Cucamunga, CA 91739

Rene Medrano, Secretary-Treasurer

Teamsters Local Union 896

1616 W. Ninth Street, Room 414

Los Angeles, CA 90015

Frank Tedesco

February 29, 1996

Page 1

Re:  Election Office Case No. E-100-LU896-EOH

Gentlemen:

Nathaniel Taylor and Donald Cattani were nominated to run for delegate and alternate delegate, respectively, to the International convention at Local Union 896’s nomination meeting on February 10, 1996.  By letter received by the Election Officer on February 13, 1996, Frank Tedesco protests the eligibility of Messrs. Taylor and Cattani.  Mr. Tedesco alleges that neither has maintained 24 consecutive months of continuous good standing prior to their 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:

Frank Tedesco

February 29, 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.

Eligibility of Nathaniel Taylor

In response to a pre-nomination request by Mr. Taylor that his eligibility be verified, the Election Officer found him eligible to run for delegate or alternate delegate on February 5, 1996.  Mr. Taylor’s TITAN record indicates that his dues for April and June 1994, January and February 1995, and January 1996 were posted on the system after the last business day of the month in which each payment was due.

Article X, Section 5 of the IBT Constitution states, in pertinent part:

Payment of such dues after their due date shall not restore good standing status for such month or months in computing the continuous good standing required by Article II, Section 4 of this Constitution as a condition of eligibility for office.  However, 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.

The investigation revealed that Mr. Taylor, who is on dues checkoff, had sufficient earnings from which dues could have been deducted in each month in question.  The late posting record reflects late remittances by the employer or late TITAN entry by the local union, for which Mr. Taylor will not be penalized.

Accordingly, it is the determination of the Election Officer that Mr. Taylor is eligible to run for delegate or alternate delegate to the International convention.

Eligibility of Donald Cattani

In response to a pre-nomination request by Mr. Cattani that his eligibility be verified, the Election Officer found Mr. Cattani ineligible to run for delegate or alternate delegate on February 8, 1996.

Frank Tedesco

February 29, 1996

Page 1

Mr. Cattani’s TITAN record indicates that his cash-dues payments for January and February 1995 were paid late to the local union.  Mr. Cattani paid dues for January through March in March 1995.  Per his request, Mr. Cattani was placed on withdrawal on April 24, 1995.  This withdrawal was dated to end in July 1995.

The investigation revealed that Mr. Cattani was a business agent for the local union until January 1, 1995.  During his term of office as a business agent, his dues were checked off by the local union.  After the expiration of his position, he took two months of accrued vacation time before returning to his job at Miller Brewing Company (“Miller”) on

February 27, 1995 where he had been on dues checkoff.  During his vacation, he received $105 from Miller for holiday pay for January 1, 1996.  He worked two full days in February 1995 and the entire month of March 1995.

The holiday pay received in January 1995 was sufficient earnings for which dues could be deducted, as were the earnings received for the two days Mr. Cattani worked in February 1995.  Miller reports that dues were not deducted in these months because Mr. Cattani had no earnings in the week in which dues were deducted in each month.  The week in which

Mr. Cattani earned money is, however, irrelevant to this analysis.  The Election Officer has previously determined that if an employer fails to check off dues in a month in which the member has sufficient earnings from which dues could be deducted, the member’s eligibility does not suffer.  See Goscinak, E-009-LU259-EOH (October 31, 1995).  Since Mr. Taylor had sufficient earnings, he will not be penalized for the late payments reflected in his TITAN record.

Mr. Cattani’s withdrawal, however, is more problematic.  He became a steward in March 1995.  Stewards’ dues are paid by the local union in accordance with the bylaws of the local union.  In April 1995, Mr. Cattani left work to undergo and recover from surgery.  He went on withdrawal during the same month and did not return to work until July 10, 1995.  His April 1995 dues were paid by the local union, but Mr. Cattani’s May and June dues were not paid by either himself or the local union.[1]   Mr. Cattani returned from withdrawal in July 1995, and paid his July dues.  In August 1995, he resumed his duties as a steward and the local union resumed the payment of his dues at that time.

The Election Officer is mindful of the hardships that can result for 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.

Frank Tedesco

February 29, 1996

Page 1

Thus, Mr. Cattani did not pay his dues in a timely manner for the 24 consecutive months prior his nomination as required by the Rules.  Accordingly, it is the determination of the Election Officer that Mr. Cattani is not eligible to run for delegate or alternate 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

Dolly Gee, Regional Coordinator