February 1, 1996
VIA UPS OVERNIGHT
Homer Lambert, Jr.
February 1, 1996
Page 1
Homer Lambert, Jr.
30 W 168 Briar Lane
Naperville, IL 60563
Teamsters Local Union 743
300 S. Ashland Avenue
Chicago, IL 60607
Eddie Kornegay, Trustee
Teamsters Local Union 743
300 S. Ashland Avenue
Chicago, IL 60607
Elijah Buffington
Assistant to Trustee
Teamsters Local Union 743
300 S. Ashland Avenue
Chicago, IL 60607
Homer Lambert, Jr.
February 1, 1996
Page 1
Re: Election Office Case No. P-271-LU743-CHI
Gentlemen:
Homer Lambert, Jr., a member of Local Union 743, filed this protest pursuant to the Rules for the IBT 1995-1996 International Union Delegate and Officer Election (“Rules”). The protester alleges that at the November and December 1995 Local Union 743 meetings, the Local Union 743 Trustee made a motion to exempt some members from paying dues so that they could be reinstated as members in good standing and thereby become eligible to run for delegate or alternate delegate.
Local Union 743 responds that at its November and December 1995 meetings, it exercised its right pursuant to Article X, Section 5(c) of the IBT Constitution “to waive on a nondiscriminatory basis the payment of delinquent dues and/or reinitiation fees.” Moreover, the local union asserts that the restoration of good standing as a result of the waiver is, pursuant to Article X, Section 5(c), “for the purpose of attending meetings, nominating, voting and participating in affairs of the Local Union,” and does not affect the “continuous good standing” required by Article VII, Section 1 of the Rules to be eligible to run for delegate or alternate delegate.
Homer Lambert, Jr.
February 1, 1996
Page 1
The protest was investigated by Regional Coordinator Julie E. Hamos.
At union meetings since at least 1971, Local Union 743 has regularly waived dues and reinstated members who are off work due to illness or lay off. The protested waivers by the Local Union 743 Executive Board in November and December 1995 were consistent with the local union’s practice. The protester has not presented any evidence that the waivers at the November and December 1995 were discriminatory, or were intended to assist any person in becoming a candidate for delegate or alternate delegate.
Accordingly, the protest is DENIED.
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