March 12, 1996
VIA UPS OVERNIGHT
Alan B. Menzel
346 Dunn Road
Coventry, CT 06238
Re: Election Office Case No. P-572-LU559-EOH
Dear Sir:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by Alan B. Menzel, a member of Local Union 572. Mr. Menzel alleges that International Vice President Tom Gilmartin, who is also a member of Local Union 559, has informed him that he is currently ineligible to vote in the local union’s upcoming delegate and alternate delegate election.
Mr. Menzel contends that, “after 22 years as a second generation teamster working in the seasonal construction industry” he should be allowed to vote in the delegate election on April 30, 1996.
Article VI, Section 1 of the Rules reads, in pertinent part:
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.
(d) Each member (1) whose employment is seasonal, (2) who works in the seasonal food industry, (3) who is a member of a Local Union where ten percent (10%) or more of the membership is employed during some period in the twelve months prior to the election, and (5) who paid his/her dues through the last month of their employment.
Alan B. Menzel
March 12, 1996
Page 1
An examination of Mr. Menzel’s TITAN record indicates that he went on withdrawal on January 10, 1996. Mr. Menzel contends that, as a seasonal construction worker who is on the local union’s seniority list and subject to recall at any time, he is eligible to vote.
Mr. Menzel’s argument is without merit. He is not protected by Article VI, Section 1(d) because he is not employed in the seasonal food industry. Further, Mr. Menzel can insure his eligibility to vote by returning from withdrawal and paying dues for March 1996. Because he is not employed in the seasonal food industry, Mr. Menzel will not be eligible to vote so long as he remains on withdrawal.
For the foregoing reasons, 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 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
Warren Pyle, Regional Coordinator