October 20, 1995
VIA FACSIMILE and UPS OVERNIGHT
Clifford T. Chentnik
N3066 Apricot Road
Lake Geneva, WI 53147
Ted Sherman
Secretary-Treasurer
Teamsters Local Union 325
5533 11th Street
Rockford, IL 61109
Re: Election Office Case No. P-200-LU325-CHI
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-96 IBT International Union Delegate and Officer Election (“Rules”) by
Clifford Chentnik, a member of Local Union 325 and a candidate for delegate. Mr. Chentnik alleges that Local Union 325 Secretary-Treasurer Ted Sherman announced at a membership meeting on October 8, 1995, that Local Union 325 has 1,568 members (including 27 casual and part-time employees). When the protester went to the local union for membership mailing labels, he received labels for only 1,520 members. The protester contends he was deprived of mailing to 48 members, which could affect the outcome of the delegate election.
The local union responds that the actual member numbers change daily, which accounts for the discrepancy between the number of members announced at the membership meeting and the labels received by the protester.
The protest was investigated by Regional Coordinator Julie Hamos, with assistance from the Center for Economic Organizing (“CEO”).
The ballots for the delegate election were mailed on October 13, 1995. The ballots will be counted on November 4, 1995.
Clifford Chentnik
October 20, 1995
Page 1
Karen Armstrong, an employee of the local union who operates the TITAN computer information system, ran the labels for the protester. She ran the labels by using a function that asks for type of label by category. She asked for “all” labels and received 1,520 mailing labels off the TITAN system which she conveyed to the protester. This number represented members in status codes “00” (checkoff), “01” (officers) and “04” (cash).
During the period from September 30 (the basis for the number of members announced at the meeting) and October 13 (when the protester’s labels were run), Ms. Armstrong can account for 26 fewer members.[1] According to the TITAN information at CEO, there were actually 1,602 members in Local Union 325 on the system of September 30, 1995; and 1,573 members in TITAN as of October 17, 1995. The total number of members reported by CEO included members in status codes “10” (new member) and “18” (unlisted on checkoff).
Ms. Armstrong has now confirmed that as of the investigation there are actually
37 members in status code “10” and 37 members in status code “10”. There are therefore,
53 additional members for which labels were not provided to Mr. Chentnik.[2] The Election Officer notes, however, that this was an unintentional error by the local union. In fact, the investigation revealed that two other delegate candidates (including Secretary-Treasurer Sherman) also received labels which did not include members in codes “10” and “18.”
Article VIII, Section 7 (d) of the Rules state:
In complying with requests to mail literature, the Union shall use the current names of addresses that are on file for all relevant members in good standing. Mailing labels shall be prepared through the least expensive system available to the Union.
Since Local Union 325 did not provide mailing labels for 53 members, the local union violated Article VIII, Section 7(d) of the Rules.
Accordingly, the protest is GRANTED.
Clifford Chentnik
October 20, 1995
Page 1
As a remedy, the protester has requested that he be given all 1,568 mailing labels and that a mailing on behalf of his campaign be paid for by the local union. The Election Officer rejects this request for the following reasons: Mr. Chentnik failed to receive labels for only the 53 members in status codes “10” and “18.” These members can be easily identified on the TITAN system. Also, as the Election Officer notes in her decision, these actions by the local union were unintentional. There is no evidence of discrimination against the protester by the local union’s failure to give him these mailing labels.
The Election Officer orders that Local Union 325 immediately (or, at the latest, within one (1) day of this decision) supply Mr. Chentnik with the mailing labels for the 53 members in status codes “10” and “18” on the TITAN system.
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
Julie Hamos, Regional Coordinator
[1]Six members moved to retiree status, 14 members moved to suspended status, one member transferred, six members withdrew and one new member was added.
[2]Due to the status of these members, any of them who vote in the delegate election will be coded as “challenged” pending further investigation.