October 25, 1996
VIA UPS OVERNIGHT
Frances A. Warino
810 Florida Avenue
McDonald, OH 44437
Terry Freeman, Secretary-Treasurer
Teamsters Local Union 507
707 Brookpark Road
Cleveland, OH 444109
Re: Election Office Case No. P-1059-LU507-CLE [CORRECTED]
Gentlepersons:
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 Frances A. Warino, a member of Local Union 507. Ms. Warino alleges that Local Union 507 instructed her employer, Handleman Company, to deduct delinquent dues and the balance of initiation fees for newly hired members in one lump sum from a paycheck from a single, two-week pay period. Ms. Warino asserts that the local union claims that it was instructed to do so by the Election Officer and that the deduction resulted in financial hardship to these newly hired members.
Terry Freeman, secretary-treasurer of Local Union 507, responds that the local union received a letter from the Election Officer informing the local union to get its members with dues delinquencies or outstanding initiation fee balances paid up by mid-October so that these members could receive ballots and vote in the upcoming election of International officers.
Frances A. Warino
October 25, 1996
Page 1
Mr. Freeman also states that, after his receipt of the letter from the Election Officer, he received a telephone call from someone at the IBT who told him that the Election Officer had directed that these members be paid up as soon as possible. Mr. Freeman states that the local union contacted the employer to request that arrearages and initiation fee balances be deducted from members’ pay on an accelerated basis. According to Mr. Freeman, the employer misunderstood the request and deducted the entire balance from each member’s next paycheck. Mr. Freeman then reimbursed half of this deduction to the members, which varied from member to member based on their arrearage and the amount of initiation fee still owed, but informed them that the remainder would be deducted from their next paycheck.
Regional Coordinator Joyce Goldstein investigated the protest.
The investigation revealed that, while Mr. Freeman did not intend that the employer should deduct the entire arrearage from one pay period, he was not acting in compliance with any directive of the Election Officer when he requested that the company withhold the arrearages. On September 18, 1996, the Election Officer sent a memorandum to all local unions. In this memorandum, the Election Officer instructed local unions to identify newly hired members and record their names and addresses on the TITAN system by October 14, 1996 so that they could receive a ballot. She did not direct the local unions to institute remedial or accelerated payment plans in order to insure the voter eligibility of newly hired members.
Regardless of his justification for his actions, Mr. Freeman’s actions were not pursuant to any instruction of the Election Officer or required by the Rules. In addition, there is no evidence that Mr. Freeman took the actions alleged in order to discriminate against members because of their political affiliations or for any reason that would violate the Rules. The Election Officer is charged with overseeing the electoral process and enforcing the Rules. While the Election Officer recognizes the hardship that was caused by Mr. Freeman’s actions, internal union actions which do not violate the Rules do not lie within her jurisdiction.
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
Frances A. Warino
October 25, 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
Joyce Goldstein, Regional Coordinator