February 27, 1996
VIA UPS OVERNIGHT
Scott Hughes
February 27, 1996
Page 1
Scott Hughes
2945 Elbridge Street
Philadelphia, PA 19149
Edward G. Henderson
102 Fitzgerald Street
Philadelphia, PA 19148
Robert Ryder, Secretary-Treasurer
Teamsters Local Union 463
5700 N. 11th Street
Philadelphia, PA 19141
Scott Hughes
February 27, 1996
Page 1
Re: Election Office Case No. E-119-LU463-EOH
Gentlemen:
At Local Union 463’s nomination meeting on February 12, 1996, Edward G. Henderson was nominated to run for delegate to the International convention. By letter received by the Election Officer on February 23, 1996, Scott Hughes protests
Mr. Henderson’s eligibility to run for delegate. Mr. Hughes alleges that Mr. Henderson is retired and collecting a pension and has not, as a result, been employed at a craft in the jurisdiction of the local union for 24 consecutive months prior to the month of his nomination as required by the Rules for the IBT 1995-1996 International Union Delegate and Officer Election (“Rules”).
Mr. Henderson replies that the protest is untimely because it was filed nine business days after the nomination.
Timeliness
Article XIV, Section 2(b) of the Rules requires pre-election protests, including those “regarding eligibility of candidates,” to be filed “within two (2) working days of the day when the protestor becomes aware or reasonably should have become aware of the action protested.” As stated above, Mr. Hughes’ protest was received by the Election Officer on
February 13, 1996, 13 working days after the local union’s nomination meeting.
Scott Hughes
February 27, 1996
Page 1
The protester contends that he did not become aware of the fact that Mr. Henderson was receiving pension benefits until February 22, 1996. Prior to that time, Mr. Hughes was aware that Mr. Henderson had been nominated but had no reason to believe that
Mr. Henderson was not eligible to run. There is no evidence that would lead the Election Officer to doubt Mr. Hughes’ assertion.
It is unreasonable to assume that one member of a local union would have knowledge about the pension status of other members just by virtue of the fact that they are members of the same local union. When Mr. Hughes became aware of these payments, he filed a protest the next day.
The Election Officer has previously stated that the Rules contemplate speedy resolution of pre-election and eligibility protests so that the election process will not be hindered. The Rules balance the need to provide members with dispute resolution and enforcement proce-dures and with the need to structure the election process so that it may proceed smoothly and efficiently. Stansburge, E-099-LU103-EOH (February 15, 1996). In analyzing the timeliness of this protest, the Election Officer notes that the ballots for Local Union 463’s delegate election have yet to be printed, and sufficient time remains for the resolution of this protest and any appeal it might engender before these ballots are printed and mailed. Thus, the need for accurate and fair resolution of the allegation in this matter outweighs the risk of hindrance to the election.
Accordingly, it is the determination of the Election Officer that Mr. Hughes’ protest was timely filed.
Eligibility of Edward G. Henderson
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;
(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.
Scott Hughes
February 27, 1996
Page 1
The investigation disclosed the Mr. Henderson was a local union officer whose term of office ended on December 31, 1995. Since that time, Mr. Henderson has been unemployed and collecting a pension. Mr. Henderson states that he has been actively seeking and available for employment since the end of his term of office but has been unable to secure a position. He states that he began accepting his pension in order that he receive income while searching for a job.
Receipt of pension benefits does not automatically disqualify an IBT member from running for delegate or alternate delegate. See In re: Bedell and Musso, et al., 91 - Elec. App. - 37 (April 25, 1991). In order to determine Mr. Henderson’s eligibility, therefore, his record must be examined to see if he fails to satisfy some other criterion of eligibility required by the Rules.
An examination of Mr. Henderson’s TITAN record reveals that Mr. Henderson, who is still coded as an active member, paid his dues in a timely fashion for the 24 consecutive months prior to the nomination. In addition, their is no evidence to dispute Mr. Henderson’s assertions that he is actively seeking employment. Mr. Henderson provided the Election Officer’s Regional Coordinator with the names of employers with whom he sought work. Consequently, Mr. Henderson satisfies the requirements of the Rules concerning his employment in a craft under the jurisdiction of his local union.
Accordingly, it is the determination of the Election Officer that Mr. Henderson 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
Scott Hughes
February 27, 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
Peter V. Marks, Sr., Regional Coordinator