Protest Decisions

              March 25, 1996

VIA UPS OVERNIGHT

Linden Heavner

March 25, 1996

Page 1

Linden Heavner, Secretary-Treasurer

Teamsters Local Union 992

10312 Remington Drive

Hagerstown, MD 21740

Ray Hadley

1712 Robins Lane

Falling Waters, WV 25419

Michael W. Border

13533 Paradise Drive

Hagerstown, MD 21742

Linden Heavner

March 25, 1996

Page 1

Re:  Election Office Case No. E-128-LU992-EOH

Gentlemen:

On March 9, 1996, Local Union 992 held its nomination meeting.  At the meeting, Michael Border was nominated to run for alternate delegate to the International convention.  Ray Hadley, also a candidate for alternate delegate, seconded Mr. Border’s nomination.  On March 10, 1996, the Election Officer received a protest from Linden Heavner challenging the eligibility of Mr. Hadley to run for alternate delegate and to nominate Mr. Border.[1] 

Mr. Heavner alleges that Mr. Hadley was not a member in good standing at the time of the nomination meeting, 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:

Linden Heavner

March 25, 1996

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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.

Eligibility of Ray Hadley to Nominate or to Second

In order to be eligible to nominate or to second a nomination, a member must be in good standing with his or her dues paid through the month prior to the month of the nominations meeting.  Rules, Article II, Section 5(a). 

The TITAN record reflects, however that, as of March 19, 1996, dues have not been posted on Mr. Hadley’s behalf for the month of February 1996.  Mr. Hadley did not work during February 1996 because of an injury. The record indicates that Mr. Hadley did not pay his dues in cash for February 1996 prior to the arrearage date of March 8, 1996 at 5:00 p.m., as set forth in the nomination notice. 

Because Mr. Hadley did not have sufficient earnings from which his February 1996 dues could have been deducted and did not cash-pay February’s dues, he was not in good standing when he seconded the nomination of Michael Border.

Accordingly, it is the determination of the Election Officer that Mr. Hadley was not eligible to nominate or second the nomination of a candidate to run for delegate or alternate delegate to the International convention.

Linden Heavner

March 25, 1996

Page 1

Eligibility of Ray Hadley to Run for Alternate Delegate

Mr. Hadley is a check-off dues payer whose TITAN record reflects late posting of dues payments for several months between May 1994 and January 1996.  The investigation disclosed, however, that Mr. Hadley had sufficient earnings from which dues could be deducted in each of these months.  Thus, his good standing for these months is protected by Article X, Section 5(c) of the IBT Constitution. 

As stated above, Mr. Hadley did not timely pay his dues for February 1996.  Therefore, he failed to maintain continuous good standing for 24 consecutive months prior to his nomination.

Accordingly, it is the determination of the Election Officer that Mr. Hadley was not eligible to run for delegate or alternate delegate to the International convention.

Eligibility of Michael Border to Run for Alternate Delegate

Mr. Border’s nomination was seconded by Mr. Hadley, who was ineligible to do so, as required by the Rules, Article II, Section 5(a).  Without a proper second, Mr. Border’s nomination is not valid. 

Accordingly, it is the determination of the Election Officer that Mr. Border may not run as a candidate 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 & Watkins

885 Third Avenue, Suite 1000

New York, NY 10022

Fax (212) 751-4864

Linden Heavner

March 25, 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

Peter V. Marks, Sr., Regional Coordinator