March 20, 1996
VIA UPS OVERNIGHT
Steven Gilman
March 20, 1996
Page 1
Steven Gilman
10 E. 15th Street
New York, NY 10003
Tomas Rodriguez
530 E. Grand Street #11D
New York, NY 10002
Wilfredo Caussade
41-04 Vernon Boulevard #2D
Long Island City, NY 11101
Francisco Barzola
587 Newbridge Road
East Meadow, NY 11554
Henrietta Riviera
22 Garibaldi Avenue
Staten Island, NY 10306
Conrad Lezcano
765 E. 225th Street #1B
Bronx, NY 10466
George Rodriguez
4910 6th Avenue #4C
Brooklyn, NY 11220
Steven Gilman
March 20, 1996
Page 1
Re: Election Office Case No. E-124-LU810-EOH
Gentlemen:
Local Union 810’s nomination meeting was held on February 29, 1996. By letter received by the Election Officer on March 1, 1996, Steven Gilman protested the eligibility of local union members Tomas Rodriguez, Wilfredo Caussade, Frank Barzola, Henrietta Riviera, Conrad Lezcano and George Rodriguez to run for delegate and to nominate or second candidates for delegate or alternate delegate to the International convention.
Mr. Gilman contends that none of the protested individuals satisfy the requirement of 24 months’ continuous good standing because each had dues arrearages. Thus, he alleges that they failed to pay their dues in a timely manner in accordance with the Rules for the IBT 1995-1996 International Union Delegate and Officer Election (“Rules”).
Steven Gilman
March 20, 1996
Page 1
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:
(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.
In addition, Article X, Section 5(c) of the IBT Constitution states in pertinent part:
[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. In such an event, the Local Union shall notify the member of his employer’s failure and payment shall be made by the member within thirty (30) days of said notice in order to retain good standing status.
When the record of a member on dues check-off reflects late or missing postings, the Election Officer has determined such members to be eligible as long as they had sufficient earnings in the month(s) in question from which dues could be deducted. If, however, the local union gives notice to the member of the employer’s failure to make timely payment, the member will lose good standing unless payment is made within 30 days of the notice from the local union. Local Union 810 does not send notice of dues arrearage to check-off members.
Eligibility of Tomas Rodriguez
Mr. Rodriguez is a check-off dues payer whose TITAN record reflects late posting of dues payments for several months between February 1994 and January 1996. The investigation disclosed, however, that Mr. Rodriguez had sufficient earnings from which dues could be deducted in each of these months.
Steven Gilman
March 20, 1996
Page 1
Accordingly, it is the determination of the Election Officer that Mr. Rodriguez is eligible to run for delegate or alternate delegate to the International convention.
Eligibility of Wilfredo Caussade
Mr. Caussade is a check-off dues payer whose TITAN record reflects late postings of dues for every month of the relevant 24-month period. The investigation disclosed, however, that Mr. Caussade had sufficient earnings from which dues could be deducted in each of these months.
Accordingly, it is the determination of the Election Officer that Mr. Caussade is eligible to run for delegate or alternate delegate to the International convention.
Eligibility of Henrietta Riviera
Ms. Riviera is a check-off dues payer whose TITAN record reflects late posting of dues for every month in the relevant 24-month period. The investigation disclosed, however, that Ms. Riviera had sufficient earnings from which dues could be deducted in each of these months.
Accordingly, it is the determination of the Election Officer that Ms. Riviera is eligible to run for delegate or alternate delegate to the International convention.
Eligibility of Conrad Lezcano
Mr. Lezcano is a check-off dues payer whose TITAN record reflects late dues postings for every month in the relevant 24-month period. The investigation disclosed, however, that Mr. Lezcano had sufficient earnings from which dues could be deducted in each of these months.
Accordingly, it is the determination of the Election Officer that Mr. Lezcano is eligible to run for delegate or alternate delegate to the International convention.
Eligibility of Frank Barzola
Frank Barzola is a check-off dues payer. Mr. Barzola’s TITAN record reflects that his employer checked off and remitted his dues until July 1994. Thereafter, no dues were remitted for Mr. Barzola until January 1995. Mr. Barzola was injured in a car accident in July 1994 and was out on disability from July 13, 1994 until December 12, 1994. As a result, Mr. Barzola did not have any earnings from which his dues could be deducted during those months. Mr. Barzola did not attempt to pay his dues for the months that he was on disability. When he returned to work, his employer made two deductions equal to an amount sufficient to cover six months of dues arrearages. These payments were remitted in February and March 1995.
Steven Gilman
March 20, 1996
Page 1
The Election Officer is mindful of the hardships that can result on members who endure prolonged periods of unemployment due to illness or injury. For some members, those 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.
Because Mr. Barzola did not have sufficient earnings from which his dues could be deducted during the months in question, he was required to pay his dues in a timely fashion in order to retain his eligibility to run for delegate. 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.
Accordingly, it is the determination of the Election Officer that Mr. Barzola is not eligible to run for delegate to the International convention.
Eligibility of George Rodriguez
An investigation revealed that George Rodriguez was neither nominated as a delegate or alternate delegate to the International convention, nor did he nominate or second a nomination at Local Union 810’s nomination meeting on February 29, 1996. Since the deadline for nominations in Local Union 810 has passed, the issue raised in this portion of the protest is moot.
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 & Watkins
885 Third Avenue, Suite 1000
New York, NY 10022
Fax (212) 751-4864
Steven Gilman
March 20, 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 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 A. Wasserman, Regional Coordinator