March 13, 1996
VIA UPS OVERNIGHT
Mark R. Serafinn, President
Teamsters Local Union 722
344 N. 30th Road
La Salle, IL 61301
Lorraine B. Hamilton
1627 9th Street
Peru, IL 61354
Re: Election Office Case No. E-118-LU722-EOH
Gentlepersons:
As a result of a pre-nomination request by Lorraine Hamilton that her eligibility be verified, the Election Officer found Ms. Hamilton to be eligible to run for delegate or alternate delegate to the International convention. Ms. Hamilton was nominated to run for delegate at Local Union 722’s nominations meeting held on February 20, 1996. On the same day, the Election Officer received a protest from Mark Serafinn who alleges that Ms. Hamilton is not eligible to run for delegate because she has not worked in a craft under the jurisdiction of the local union for the 24 consecutive months prior to her 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:
To be eligible to run for any Convention delegate, alternate delegate or International Officer position, one must:
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March 13, 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.
The investigation revealed that Ms. Hamilton was a vice president of Local Union 722 until December 31, 1995. At the time of her election, Ms. Hamilton was employed by Local Union 722 as a clerical worker. She remained a full-time clerical employee of the local union until she was dismissed in October 1993. She then filed charges with the National Labor Relations Board (“NLRB”) and the IBT alleging this discharge was retaliatory. In March 1994, Ms. Hamilton began full-time employment at Local Union 916. She worked in this new position until Local Union 916 was put into trusteeship in July 1994.
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.
Ms. Hamilton’s position with Local Union 916 was a full-time job at a craft clearly outside the jurisdiction of Local Union 722. Ms. Hamilton contends, however, that she was and is pursuing a grievance concerning her discharge from Local Union 722. According to
Ms. Hamilton, this discharge remains unresolved. Thus, she argues, she is excused from the active employment at the craft requirement by operation of Article VII, Section 2(b).
Ms. Hamilton provided to the Election Office a number of documents. None of these support her contention that there is any active pursuit of an unresolved grievance or other legal action challenging her suspension or discharge. In addition, the IBT states that this matter is not currently pending before the general president or general executive board. As a result,
Ms. Hamilton’s invocation of Article VII, Section 2(b) of the Rules is without merit.
Accordingly, it is the determination of the Election Officer that Ms. Hamilton 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
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March 13, 1996
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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 & 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
Bruce Boyens, Regional Coordinator