Protest Decisions

October 12, 1995

VIA UPS OVERNIGHT

Victor M. Jablonski

5150 N.E. 180th Street

Seattle, WA 98155

Teamsters Local Union 117

553 John Street

Seattle, WA 98109

Re:  Election Office Case No. P-174-LU117-PNW

Gentlemen:

A pre-election protest was filed pursuant to the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by Victor Jablonski, a member of Local Union 117 in Seattle, Washington.  The protester alleges that due to the method by which Local Union 117 allocates the dues payments of members employed as Kingdome Stadium Event Employees, “95%” of these employees will not be entitled to vote in the election for delegate and alternate delegate which has a scheduled date for mailing ballots on October 23, 1995.  The ballots will be counted on November 13, 1995.

The protest was investigated by Regional Coordinator Christine M. Mrak.  Additional investigation was conducted with assistance from the Center for Economic Organizing.

Article VI, Section 1 of the Rules provide:

Victor M. Jablonski

October 12, 1995

Page 1

To be eligible to vote in an election for delegate, alternate delegate or International Officer, a member must have his/her dues paid up through the month prior to the month in which the election is held.  No member whose dues have been withheld by his/her employer for payment to the Local Union pursuant to his/her voluntary authorization provided for in a collective bargaining agreement shall be declared ineligible to vote by reason of a delay or default in the payment of dues by the employer to the Local Union.  Persons eligible to vote under this rule shall include, but not necessarily be limited to, the following:                                         

(b) Under and in accordance with Article X, Section 5(c) of the IBT Constitution, each member otherwise in good standing whose dues record does not reflect that his/her dues have been paid through the month prior to the month in which ballots are counted, who pays his/her dues by check-off, and whose employer has remitted dues for him/her in the last remittance made by such employer, provided that such remittance was received within ninety (90) days of the date on which the ballots are counted;

Because of the seasonal nature of the work at the Kingdome, the work force, and thus the membership in the local union, fluctuates drastically during the year.  These employees have an unusual hourly dues check-off arrangement.  The employer deducts union dues at a rate of $.35 per hour, with a cap of $7.00 per two-week pay period, or $14.00 per month.  In order to reach the $14.00 per month dues amount, the employees must work at least 40 hours per month, including at least 20 hours in each of the two pay periods during the month.  Because of the irregular hours and fluctuating schedule of Kingdome events, many employees do not regularly work the required 40 hours spread over two pay periods during a month.  Even when the employer deducts the full $14.00 for any employee, it appears that $1.00 of this amount is applied by the local union to a monthly assessment.  Thus, it is unlikely that any member actually has the full $14.00 deducted from their wages and credited by the local union to dues payments.

Rather than apply the dues amounts to the month on which it is remitted to the local union by the employer, for those employees who have not paid the full $14.00 and the assessment in the past months, Local Union 117 applies the dues amount to past months, thus creating an arrearage amount for many of the Kingdome employees.  The protester states that, as a result of this system, all the Kingdome employees are one month to possibly 24 months in arrearage on their dues.

Victor M. Jablonski

October 12, 1995

Page 1

Employees at the Kingdome were advised by the local union that to be eligible to vote in the local union election, delegate and alternate delegate election, and International officer election, each member’s dues must be current.    Although the Election Officer does not have jurisdiction over the local union elections, the policy set forth by the local union would prevent numerous Kingdome employees from voting in the upcoming delegate and alternate delegate election. The Rules provide, however, that (1) if a member has his or her dues deducted (or checked-off) by the employer, (2) if the member is on the most recent employer check-off remittance, and (3) if the employer has remitted check-off dues within 90 days of the date the ballots are counted, the member is eligible to vote in the delegate, alternate delegate or International officer elections.  According to the local union, the employer remits check-off dues to Local Union 117 once a month, and the next scheduled check-off dues remittance from the employer is anticipated to arrive on or about October 27, 1995.[1]   Pursuant to Article VI, Sec-tion 1(b), so long as a Kingdome employee has dues checked-off on the anticipated October 27, 1995 remittance from the employer, the employee will be eligible to vote in the upcoming delegate and alternate delegate election in which the ballots are to be counted in November.

Local Union 117 has indicated that it is willing to post a notice to advise the Kingdome employees of their right to vote in the delegate and alternate delegate election.

Accordingly, the protest is RESOLVED.

In order to apprise the Kingdome employees of their right to vote in the delegate and alternate delegate election, the Election Officer orders Local Union 117 to take the following actions:

1.  Immediately post the attached “Notice to Members of Local Union 117 working as Kingdome Stadium Event Employees” on all union bulletin boards at the Kingdome Stadium.

2.  Within five (5) days of the date of this decision and order, file an affidavit with the Election Officer demonstrating that the notice set forth above has been posted.

3.  In response to any inquiry from Kingdome Stadium Event employees, advise them that they are eligible to vote in the Local Union 117 election for delegate and alternate delegate to the International Union convention if they are active union members and have dues checked-off during the month of October. 

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

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

Christine Mrak, Regional Coordinator

NOTICE TO MEMBERS OF LOCAL UNION 117

WORKING AS KINGDOME STADIUM EVENT EMPLOYEES

FROM BARBARA ZACK QUINDEL, ELECTION OFFICER, IBT

Pursuant to the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”), you will be eligible to vote in the Local Union 117 election for delegate and alternate delegate to the International Union convention if you are an active union member and have dues checked-off by your employer during the month of October 1995.  The ballots for this election will be mailed on October 23, 1995.  The ballots will be counted on November 13, 1995.

_______________________________

Barbara Zack Quindel

Election Officer, IBT

This is an official notice and must remain posted for 30 consecutive days from the day of posting, and must not be altered, defaced or covered by any other material.