September 18, 1995
VIA UPS OVERNIGHT
Thomas R. Gray
319 Salisbury
Davis, IL 61019
Clifford T. Chentnik
N3066 Apricot Rd.
Lake Geneva, WI 53147
Re: Election Office Case No. E-005-LU325-EOH
Protest of Thomas R. Gray
Eligibility of Clifford T. Chentnik to Run for Delegate
Teamsters Local Union 325
Gentlemen:
By letter received by the Election Officer on September 11, 1995, Mr. Gray protested the eligibility of Clifford T. Chentnik to run for delegate to the IBT 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).
Thomas R. Gray filed a timely protest August 2, 1995 alleging that Mr. Chentnik is not eligible to be a candidate because he has not been a member of Local Union 325 for a period of 24 consecutive months prior to the month of the nomination for delegate as required by Article VII of the Rules.
Clifford T. Chentnik
September 18, 1995
Page 1
The IBT TITAN Communication System record reflects that Mr. Chentnik was a member of Local Union 579 until September 7, 1995, where his dues were paid through October 1995. Pursuant to his request, the Election Officer found him eligible to run for delegate on August 10, 1995. On September 7, 1995, as the result of an employer change of operations, Mr. Chentnik was transferred to Local Union 325. Local Union 579 refunded his dues for September and October 1995. He then paid his September and October 1995 dues to Local Union 325. At the nomination meeting for Local Union 325 held on September 10, 1995, Mr. Chentnik was nominated as a candidate for delegate.
Mr. Chentnik’s transfer to Local Union 325 was caused by an employer change of operations in which Mr. Chentnik had to accept employment at a different terminal or lose his job. The Election Officer deems his transfer to be involuntary. Under Article II, Section 4(d) of the IBT Constitution, a member who is otherwise eligible shall not be declared ineligble in the Local Union into which he has transferred if his transfer was involuntary.
Accordingly, it is the determination of the Election Officer that Mr. Chentnik is eligible to run for delegate to the IBT International Convention, and 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.
Mudge, Rose, Guthrie, Alexander & Ferdon
180 Maiden Lane, 36th Floor
New York, NY 10038
Fax (212) 248-2655
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
Julie Hamos, Regional Coordinator