September 19, 1996
VIA UPS OVERNIGHT
Archie J. Cook
September 19, 1996
Page 1
Archie J. Cook
4508 Balmoral Drive
Richton Park, IL 60471
Gerald Zero, Secretary-Treasurer
Teamsters Local Union 705
1645 W. Jackson Boulevard
Chicago, IL 60612
John McCormick, President
Teamsters Local Union 705
1645 W. Jackson Boulevard
Chicago, IL 60612
Robert Persak
Teamsters Local Union 705
1645 W. Jackson Boulevard
Chicago, IL 60612
Archie J. Cook
September 19, 1996
Page 1
Re: Election Office Case No. P-948-LU705-EOH
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”) by Archie Cook, a former Convention delegate and a member of Local Union 705. Mr. Cook alleges that officers of Local Union 705 failed to make pension and health and welfare fund contributions for the local union’s elected delegates and alternate delegates for the period of the Convention. Mr. Cook contends that the local union failed to make these payments in order to harass and intimidate him and the other members of his slate.
The local union acknowledges it did not make the payments in July 1996 but states that, after consultation with a representative of the Election Officer in early September 1996, the local union made the delinquent payments on September 11, 1996.
Election Office Staff Attorney Jonathan O’Neill investigated the protest.
Archie J. Cook
September 19, 1996
Page 1
According to Katina Skoufis, an employee of Local Union 705, the leadership at the local union initially believed they were not obligated to make the payments because the Election Officer does not require local unions to make fund contributions for delegates or alternates. This is the correct general policy articulated by the Election Officer pursuant to the Advisory Regarding Convention Expenses. See Ford, CONV-10-LU912-EOH (July 30, 1996). When the protester received a delinquency notice from the fund, he contacted the local union and spoke to Ms. Skoufis who told him she would contact the Election Office for clarification. Ms. Skoufis spoke to a representative of the Election Officer who informed her that the local union must make fund payments for its delegates if it is making such payments for any other member attending the Convention. See Ford, supra.
Local Union 705 made fund contributions for two members who attended the Convention as appointed delegates and for two members who attended the Convention as sergeants-at-arms. As a result, the local union was instructed to pay the fund contributions of its delegation. The investigation revealed that the pension and health and welfare fund contribution obligations of Mr. Cook and the other affected delegates and alternate delegates were brought current by the local union on September 11, 1996.[1]
Mr. Cook contends that the failure to make the fund payments was part of a pattern and practice of harassment pursued by the leadership of Local Union 705 against the delegates because of the leadership which supports Mr. Carey lost against them in the local union’s delegate election. Mr. Cook, however, provided no evidence that a pattern of retaliatory or harassing Rules violations has been committed by the leadership of Local Union 705.
Based upon the above discussion, the Election Officer considers this protest RESOLVED.
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
Archie J. Cook
September 19, 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, 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
[1]During the investigation, when the protester learned that the payments had been made, he contended that the Election Officer should still find a violation because the affected individuals suffered injury as a result of these late payments. Mr. Cook asserted that delegate Larry Hartigan was almost refused medical treatment because his health and welfare contribution had not been made. Mr. Hartigan states that when he went to the doctor for an appointment at the clinic used by the local union he was initially refused treatment. After “debating” the matter with clinic personnel, however, he was seen by the doctor.