August 4, 1995
VIA UPS OVERNIGHT
Anthony L. Andrews, Secretary-Treasurer
Teamsters Local Union 305
1870 N.E. 162nd Ave.
Portland, OR 97230
James F. Higgs
1251 S.E. 209th Ave.
Gresham, OR 97030
Re: Election Office Case No. E-001-LU305-EOH
Protest of Anthony L. Andrews
Eligibility of James F. Higgs to Run for Delegate
Teamsters Local Union 305
Gentlemen:
By letter received by the Election Officer on July 20, 1995, James F. Higgs (Soc. Sec. No. xxx-xx-3062) requested that the Election Officer determine his eligibility to run for delegate to the International Convention. By notice dated July 28, 1995, the Election Officer ruled Mr. Higgs ineligible to run for delegate.
Notwithstanding this ruling, Mr. Higgs attended the nomination meeting held on August 1, 1995, and was nominated to run for delegate to the International Convention.
In order to be eligible to run for delegate to the International Convention, a member must be in continuous good standing with his Local Union, with his dues paid to the Local Union for a period of 24 consecutive months prior to the month of nomination with no interruption in active membership due to suspensions, expulsions, withdrawals, transfers or failure to pay fines or assessments. Rules for the 1995-1996 IBT International Union Delegate and Officer Election (Rules), Article VII, Section 1(a)(1).
Anthony L. Andrews
August 4, 1995
Page 1
Anthony L. Andrews, Secretary-Treasurer of Local Union 305, filed a timely protest August 2, 1995 alleging that Mr. Higgs is not eligible to be a candidate because he has not been a member in continuous good standing for a period of 24 consecutive months prior to the month of the nomination for delegate as required by Article VII of the Rules because his dues for November, 1993 and June, 1995 were not paid by the last day of November, 1993, and June, 1995.
The IBT TITAN Communication System record reflects that Mr. Higgs was on cash dues payment for the 24 months beginning in August, 1993 and ending July, 1995. During the 24 months in question, the Election Officer’s investigation established that Mr. Higgs’ dues for June, 1995 were paid late (July 17, 1995).[1] Mr. Higgs acknowledged this in a conversation with an Election Officer Representative on July 28, 1995.
Since Mr. Higgs did not timely pay his dues for 24 consecutive months since August, 1993, it follows that he is not presently eligible to run for delegate.
Accordingly, it is the determination of the Election Officer that Mr. Higgs is ineligible to run for delegate to the IBT International Convention.
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.
Mudge, Rose, Guthrie, Alexander & Ferdon
180 Maiden Lane, 36th Floor
New York, NY 10038
Fax (212) 248-2655
Anthony L. Andrews
August 4, 1995
Page 1
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: Election Appeals Master Kenneth Conboy
Chris Mrak, Regional Coordinator
[1]The IBT Constitution, Article X, Section 5(c), provides in pertinent part:
All members paying dues to Local Unions must pay them on or before the last business day of the current month. Membership dues to Local Unions are due on or before the first day of the month and must be paid on or before the last business day of that month. Any member failing to pay his dues at such time shall not be in good standing for such month but may restore such good standing for such month for the purpose of attending meetings, nominating, voting and participating in the affairs of the Local Union by the payment of his delinquent dues prior to said meeting. Payment of such dues after their due date shall not restore good standing status for such month or months in computing the continuous good standing required by Article II, Section 4 of this Constitution as a condition of eligibility for office.