Protest Decisions

January 29, 1996

VIA UPS OVERNIGHT

Jon L. Rabine

553 John Street, Room 16

Seattle, WA 98109

Daniel G. McCoy

2309 N.E. 95th Street

Seattle, WA 98115

Re: Election Office Case No. E-027-LU763-EOH

Gentlemen:

Jon L. Rabine, Secretary-Treasurer of Local Union 763, filed a protest pursuant to Article XIV, Section 2(b) of the Rules for the IBT 1995-1996 International Union Delegate and Officer Election (“Rules”) protesting the eligibility of Daniel G. McCoy, who was nominated on January 3, 1996 as a candidate for delegate from Local Union 763 to the IBT Convention.[1]  The protester alleges that Mr. McCoy is ineligible because he was not a member in good standing during the months of February 1994 and February 1995.

In order to be eligible to run for delegate to the International convention, a member must be in continuous good standing with his or her local union, with his or her 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 and be employed at the craft within the jurisdiction of the

local union for a period of 24 consecutive months prior to the month of nomination.  Rules, Article VII, Sections 1(a)(1) and (2).

Jon L. Rabine

January 29, 1996

Page 1

Mr. McCoy contends that he has paid his dues in a timely manner.  

The TITAN records reflect that Mr. McCoy, a cash-dues payer, paid his dues late in February 1994 and February 1995.  The practice of Local Union 763 is to post and deposit cash-dues payments on the day received.  The Election Office has verified that this is the actual practice of the local union.  The Local Union 763 records show that Mr. McCoy’s check for his February 1994 dues was posted and deposited on March 1, 1994 and that his February 1995 dues check was posted and deposited on March 1, 1995.  Mr. McCoy’s bank statements and the notations on the back of each of the checks showing the subsequent processing of the checks are consistent with these deposit days.  Mr. McCoy has supplied no evidence that disputes the dates of deposit for his checks claimed by the local union.  The copies of the checks he produced dated February 1, 1994 and February 1, 1995 do not establish that his dues were paid during those months.  His claim that he has consistently been a month ahead of schedule on his dues payments since August 1990 is not consistent with the TITAN record.

Mr. McCoy’s dues were not paid to the local union for a period of 24 consecutive months prior to the month of his nomination.  Accordingly, he is not in good standing for that period and thus, he is not eligible to run for delegate to the 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.

Latham and 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 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:              Kenneth Conboy, Election Appeals Master