Protest Decisions

February 28, 1996

VIA UPS OVERNIGHT

Phil Tarantino & David Daneluz

February 28, 1996

Page 1

Phil Tarantino, Secretary-Treasurer

Teamsters Local Union 216

1103 Airport Boulevard

S. San Francisco, CA 94080

David Daneluz

Teamsters Local Union 216

1103 Airport Boulevard

S. San Francisco, CA 94080

Christopher P. Welsh

2194 Capitola Court

Fairfield, CA 94533

Phil Tarantino & David Daneluz

February 28, 1996

Page 1

Re:  Election Office Case Nos.              E-101-LU216-EOH

E-110-LU216-EOH

Gentlemen:

In response to a request for a pre-nomination verification of eligibility by Christopher P. Welsh, the Election Officer found Mr. Welsh eligible on January 23, 1996, to run for delegate to the International convention.  Mr. Welsh was nominated to run for delegate at Local Union 216’s nomination meeting on February 14, 1996.  By letters received by the Election Officer on February 15 and February 16, 1996, respectively, David Daneluz and

Phil Tarantino protest Mr. Welsh’s eligibility to run for delegate.  Both protesters allege that Mr. Welsh has failed to pay a strike-picket assessment required of Local Union 216 members, and has not, as a result, maintained the 24 months of continuous good standing 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:

Phil Tarantino & David Daneluz

February 28, 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.

Mr. Welsh incurred $120 in strike assessments against his account with the local union.  These strike assessments were approved by the local union executive board in 1993. 

Mr. Welsh contends that, as president of the local union, he was exempt from paying these assessments.  To date, Mr. Welsh has not paid the strike assessments.

On February 24, 1993, the following motion was ratified by Local Union 216:

Section A: Each member of this union shall be assessed the sum of sixty dollars, which assessment may be satisfied by making himself or herself available for one days service to the union, including picket duty.

Section B: Such union service or assessment shall be scheduled on a rotating basis in accord with union needs, but shall not be repeated until the membership roster has been exhausted.

Section C: The executive board shall be authorized to establish rules and procedures for the payment of the assessment, or for the selection and assignment of union service, and covering all other matters to carry out the purpose of this article.

Under this program created by this resolution, members are assigned dates and times at picket sites and informed in writing of their obligation to appear.  Members who do not appear for picket duty are not excused from the $60 strike assessment.  Local union officers are not exempt from the obligation to participate in the picketing program.  The letter that informs members of the dates they have been assigned contains instructions on how to reschedule and information regarding the fine.

Mr. Welsh was assigned picketing dates by letter on February 16, 1994 and on September 26, 1994.  He failed to appear on either assigned date.  After each failure to appear, the local union mailed a letter to Mr. Welsh informing him that he owed the

$60 assessment made when a member fails to report for picket duty. 

Phil Tarantino & David Daneluz

February 28, 1996

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According to Mr. Tarantino, the principal officer of Local Union 216, the picket duty requirement could be waived if a member requested that some other service he or she performed for the local union be accepted in lieu of picketing.  Such requests must be approved by the principal officer and in the past have included office work or gardening at the local union hall.

Mr. Welsh states that, as local union president, he frequently performed acts of service for the local union that should be accepted in lieu of his picketing duty.  Such service should, he argues, exempt him from the strike assessments.  Mr. Welsh did not state that he had ever requested that his general service while president be an acceptable alternative to picket duty or that the principal officer ever agreed to such a request. 

Mr. Welsh did, however, request that his attendance at a trades council banquet count as service in lieu of picketing.  Mr. Tarantino did not respond to this request because the local union had already decided not to send a representative to the banquet at a meeting on

January 3, 1996.  According to Mr. Tarantino, Mr. Welsh attended the meeting and was aware of this decision.

The language of the resolution passed by Local Union 216 does not exempt officers from the picketing program.  Mr. Welsh’s reliance on his office or the service done in executing the duties of that office is without merit.  General service as president, for which Mr. Welsh was paid, does not constitute an acceptable alternative to picketing duty unless approved by the local union’s principal officer.  Nor can Mr. Welsh claim he reasonably relied on what he thought was local union policy since he did request that his banquet attendance be an acceptable alternative to picketing duty.  As a result, Mr. Welsh has failed to pay these assessments and generated a delinquency of not less than 15 months by the month prior to the month of his nomination.

Article X, Section 5(c) of the IBT Constitution states, in relevant part:

Any member who shall be three (3) months in arrears in the payment of dues, fines, assessments, or other charges, shall automatically stand suspended at the end of the (3rd) month, and shall not be entitled to any rights or privileges of membership.

According to the IBT Constitution, Mr. Welsh was suspended, thus losing good- standing status, after the third month he failed to pay his assessments.  As the Constitution states, this action is automatic.  Thus, it is independent of the actions of the local union regarding Mr. Welsh’s membership status.[1]  Consequently, he has failed to maintain the 24 consecutive months of good standing prior to his nomination required by the Rules.

Phil Tarantino & David Daneluz

February 28, 1996

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Accordingly, it is the determination of the Election Officer that Mr. Welsh 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

Matthew Ross, Regional Coordinator