March 11, 1996
VIA UPS OVERNIGHT
Robert McDonnell
March 11, 1996
Page 1
Robert McDonnell
Teamsters Local Union 807
32-43 49th Street
Long Island City, NY 11103
Joseph F. Mangan, President
Teamsters Local Union 807
32-43 49th Street
Long Island City, NY 11103
Robert Rabbit, Jr.
13 Rolling Ridge Drive
Warwick, NY 10990
Robert McDonnell
March 11, 1996
Page 1
Re: Election Office Case No. E-111-LU807-EOH
Gentlemen:
Local Union 807’s nomination meeting was held on February 15, 1996. At the meeting, Joseph Mangan and Robert Rabbit, Jr. were nominated to run for delegate to the International convention. By letter received by the Election Office on February 17, 1996, Robert McDonnell protests the eligibility of Messrs. Mangan and Rabbit, alleging that neither has been employed in a craft in the jurisdiction of the local union for 24 consecutive months 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:
Robert McDonnell
March 11, 1996
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(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 Joseph Mangan
Mr. Mangan’s TITAN record indicates that prior to November 21, 1995, his dues were paid through February 1996. On November 21, 1995, however, the local union refunded three months of Mr. Mangan’s dues and placed Mr. Mangan on withdrawal. At present, Mr. Mangan remains on withdrawal with his dues paid through November 1995.
The investigation revealed that Mr. Mangan lost his job with the local union in March 1995. By November 1995, Mr. Mangan had not worked in a craft under the jurisdiction of Local Union 807 for eight months. At that time, Johnny Brown, Local Union 807’s trustee, ordered that Mr. Mangan be placed on withdrawal in accordance with Article XVIII,
Section 6(a) of the IBT Constitution, which states, in pertinent part:
When a member becomes unemployed in the jurisdiction of the Local Union, he shall be issued an honorable withdrawal card upon his request. If no request is made, an honorable withdrawal card must be issued six (6) months after the month in which the member first become unemployed, if he is still unemployed at that time.
Under this provision of the IBT Constitution, the local union has an obligation to issue a withdrawal card to a laid‑off or discharged member after six months if the member remains unemployed at that time and has been unemployed for the entire period, regardless of the wishes of the member. Thus, Local Union 807 did not violate the Rules by following the provisions of the IBT Constitution and issuing a withdrawal card to Mr. Mangan. See Jordan, P-1024-LU741-PNW (November 11, 1991)
The Election Officer has previously determined that withdrawal cards not issued at the request of a member, but as a result of a local union policy, do not affect a candidate’s eligibility so long as he or she had earnings from which dues could be deducted during the period in which they were put on automatic, unrequested withdrawal. See Gergely, E-029-LU395-EOH (January 17, 1996). This determination, however, applies only to policies of local unions which place members on automatic withdrawal earlier than the IBT Constitution provides. In the present case, even if Mr. Mangan was actively seeking employment, his good standing was interrupted by an automatic withdrawal executed properly under the provisions of the IBT Constitution.
Robert McDonnell
March 11, 1996
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Accordingly, it is the determination of the Election Officer that Mr. Mangan is not eligible to run for delegate or alternate delegate to the International convention.
Eligibility of Robert Rabbit, Jr.
In response to a pre-nomination request by Mr. Rabbit, the Election Officer found him eligible to run for delegate or alternate delegate on February 8, 1996.
Article VII, Section 2(b) of the Rules 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 Mr. Rabbit lost his job with the local union in March 1995. Since that time, he has failed to secure a permanent position with an employer under the jurisdiction of Local Union 807. He has, however, worked in temporary positions for several employers who have collective bargaining agreements with the local union since the end of his permanent employment. Mr. Rabbit has provided his payment information regarding this temporary employment, and the local union has confirmed that such employment falls within the jurisdiction of Local Union 807.
Mr. Rabbit contends that he is actively seeking and available for employment, but that he has failed to find a permanent position. His employment record supports this contention. Mr. Rabbit has obviously been available for employment since his records indicate he has been in casual employment for most of the relevant period. Mr. Rabbit advises the Election Officer that he has been actively seeking permanent employment in a craft within the jurisdiction of Local Union 807. The Election Officer finds no basis for disputing his asserted status that he was either employed an applicable craft or available and actively seeking employment in the trade during the relevant 24 months at issue here.
Accordingly, it is the determination of the Election Officer that Mr. Rabbit is 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:
Robert McDonnell
March 11, 1996
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Kenneth Conboy, Esq.
Latham & 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 N. Capitol Street, Suite 855, Washington, DC 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
Arthur Wasserman, Regional Coordinator