January 26, 1996
VIA UPS OVERNIGHT
Thomas B. Griffith
January 26, 1996
Page 1
Thomas B. Griffith, President
Teamsters Local Union 776
2552 Jefferson Street
Harrisburg, PA 17110
Michael A. Chilcoat
8 Sherry Drive
York, PA 17404
Charles L. Deaner
3661 Brisban Street
Harrisburg, PA 17111
Andrew C. Reiley
614 W. Market Street
Pottsville, PA 17901
Barry W. Sampson
1416 Bradley Drive #H212
Carlisle, PA 17013
Thomas B. Griffith
January 26, 1996
Page 1
Re: Election Office Case No. E-035-LU776-EOH
Eligibility of Michael A. Chilcoat, Charles L. Deaner,
Andrew C. Reiley and Barry W. Sampson to Run for Delegate
Gentlemen:
The Election Officer determined Michael Chilcoat eligible to run for delegate or alternate delegate on January 11, 1996. On January 14, 1996, Mr. Chilcoat, Charles Deaner, Andrew Reiley, and Barry Sampson were nominated to run for delegate to the International convention. By letter received by the Election Officer on January 16, 1996, Thomas Griffith, president of Local Union 776, protested the eligibility of these candidates.
Thomas B. Griffith
January 26, 1996
Page 1
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).
Eligibility of Michael Chilcoat
The protester alleges that Mr. Chilcoat has not been a member in good standing of Local Union 776 for 24 months prior to his nomination. An examination of Mr. Chilcoat’s TITAN record reveals that, while he has been in dues-related good standing for the relevant 24 months, in July 1995 he transferred from Local Union 430 to Local Union 776. The investigation reveals that this transfer resulted from a change of operations wherein Mr. Chilcoat’s employer shut down the terminal in which he was working and transferred him to a different terminal under the jurisdiction of a different local union. Mr. Chilcoat’s transfer was, as a result, involuntary.
Article VII, Section 2(g) of the Rules states:
In the case of a member who has been involuntarily transferred from one Local Union to another, such member must have worked at the craft under the jurisdiction of the original Local Union and must have been so employed in continuous good standing on a cumulative basis in both Local Unions for a total of twenty-four (24) consecutive months prior to the month of nomination.
Because Mr. Chilcoat’s transfer was involuntary, it is not a bar to his eligibility so long as he has a cumulative record of 24 months continuous good standing. Since Mr. Chilcoat’s record indicates he did maintain his good standing before and after his transfer, it is the determination of the Election Officer that he is eligible to run for delegate to the International convention.
Eligibility of Charles L. Deaner
Mr. Griffith alleges that Mr. Deaner is ineligible because he has a felony criminal conviction. Section 504 of the Labor-Management Reporting and Disclosure Act of 1959, as amended (“LMRDA”), prohibits individuals who have been convicted of or served any part of a prison sentence for a variety of crimes from holding representative positions or positions of authority within a labor organization. Article VII, Section 1(a)(3) of the Rules requires that in order to be eligible to run for delegate or alternate delegate, a member must be eligible to hold the office if elected. The Election Officer determines that if a member would be prohibited from holding office under Section 504, the member would also be prohibited from serving as a delegate or alternate delegate.
The protester does not name the crime for which he alleges Mr. Deaner was convicted. Rather, he makes reference to the Court of Common Pleas for Dauphin County, Pennsylvania
Thomas B. Griffith
January 26, 1996
Page 1
case number 1740 CD 1982. According to the Dauphin County District Attorney’s office, case 1740 CD 1982 involved a felony charge against Mr. Deaner. The case was dismissed under Pennsylvania’s Accused Rehabilitation Disposition scheme. As a result, Mr. Deaner was never convicted of the crime alleged in case 1740 CD 1982. Since there was no conviction,
Section 504 of the LMRDA does not apply, and it is the determination of the Election Officer that Mr. Deaner, whose record indicates he has been in continuous good standing, is eligible to run for delegate or alternate delegate.
Eligibility of Andrew C. Reiley
The protester alleges that Mr. Reiley is ineligible to run for delegate or alternate delegate because Mr. Reiley served 30 days in prison in Dauphin County, Pennsylvania from November to December 1995. The investigation disclosed that Mr. Reiley received the 30-day sentence because of a conviction for driving under the influence.
As stated above, the LMRDA prohibits individuals who have been convicted of certain crimes to hold union office. Drunk driving is not included on the list of triggering offenses. As a result, section 504 of the LMRDA does not apply, and it is the determination of the Election Officer that Mr. Reiley, whose record indicates he has been in continuous good standing, is eligible to run for delegate.
Eligibility of Barry W. Sampson
The protester alleges that Mr. Sampson has not maintained continuous good standing for the 24 months prior to his nomination in violation of the Rules. An examination of
Mr. Sampson’s TITAN record, however, reveals that Mr. Sampson has been on dues checkoff with his employer for the 24 relevant months and that his dues were always paid on time. As a result, it is the determination of the Election Officer that Mr. Sampson is eligible to run for delegate.
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
Thomas B. Griffith
January 26, 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 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