February 1, 1996
VIA UPS OVERNIGHT
Jo Pressler
February 1, 1996
Page 1
Jo Pressler
Teamsters Local Union 705
1645 West Jackson Boulevard
Chicago, IL 60612
Michael Colgan
1033 Elmwood Lane
Elk Grove Village, IL 60007
Michael J. Koga
10624 Lombard Avenue
Chicago, IL 60415
Lawrence P. Hartigan
6000 W. 127th Street
Palos Heights, IL 60463
Gerald Zero, Trustee
Teamsters Local Union 705
1645 West Jackson Boulevard
Chicago, IL 60612
Jo Pressler
February 1, 1996
Page 1
Re: Election Office Case No. E-052-LU705-EOH
Gentlepersons:
Jo Pressler, Administrator of Local Union 705, protested the eligibility of Michael Colgan, Michael J. Koga and Lawrence P. Hartigan to run for delegate as defined in Rules for the IBT 1995-1996 International Union Delegate and Officer Election (“Rules”). Each was nominated as a delegate at the Local Union 705 nominations meeting held January 21, 1996.
Article VII, Section 1(a) of the Rules provides:
(a) To be eligible to run for any Convention delegate, alternate delegate or International Officer position, one must:
Jo Pressler
February 1, 1996
Page 1
(1) Be a member in continuous good standing of the Local Union, with one’s dues paid to the Local Union for a period of twenty-four (24) consecutive months prior to the month of nomination for said position with no interruptions in active membership due to suspensions, expulsions, withdrawals, transfers or failure to pay fines or assessments;
(2) Be employed at the craft within the jurisdiction of the Local Union for a period of twenty-four (24) consecutive months prior to the month of nomination; and
(3) Be eligible to hold office if elected.
Eligibility of Michael Colgan
Ms. Pressler asserts that Mr. Colgan fails to meet the 24 month continuous good standing requirement because Mr. Colgan was delinquent in cash dues owed for the April 1994 quarter.
Mr. Colgan is employed by Airborne Express, and signed a checkoff authorization card on August 15, 1979. Airborne Express transmits dues payment to Local Union 705 on a quarterly basis. The employer omitted Mr. Colgan from its April 1994 remittance for the second quarter of 1994.
Article X, Section 5(c) of the IBT Constitution provides:
[A] member on dues checkoff whose employer fails to make a proper deduction during any month in which the member has earning s from which the dues could have been deducted, shall not lose good standing status for that month. In such an event, the Local Union shall notify the member of his employer’s failure and payment shall be made by the member shall be made by the member within thirty (30) days of said notice in order to retain good standing status.
Upon notification, Mr. Colgan paid his second quarter dues for 1994 within 30 days, as required by Article X, Section 5(c). He made this payment in cash, although he remained on check-off. In accordance with this constitutional provision, Mr. Colgan maintained his good standing. Accordingly, it is the determination of the Election Officer that Mr. Colgan is eligible to run for delegate.
Eligibility of Michael J. Koga
Jo Pressler
February 1, 1996
Page 1
Mr. Koga submitted a request for pre-nomination eligibility verification with the Election Officer. On January 19, 1996, the Election Officer found that Michael J. Koga was ineligible to run for delegate or alternate delegate because he paid his January 1994 dues late and lacked earnings in that month from which dues could have been deducted. The protester contends that Mr. Koga was delinquent in making a cash payment owed for the January 1994 quarter.
Mr. Koga was on workers’ compensation while off work from Yellow Freight during January 1994. He sent a check to Local Union 705 for his January and February 1994 dues, which was received on February 3, 1994. Thus, he did not pay his January 1994 payment on time and lacks continuous good standing for this reason.
Mr. Koga is ineligible to run for delegate.
Eligibility of Larry Hartigan
Mr. Hartigan submitted a request to the Election Officer for pre-nomination eligibility verification. On January 19, 1996, the Election Officer found that Larry Hartigan was eligible to run for delegate or alternate delegate. The protester claims that Mr. Hartigan was delinquent in his October 1994 dues payment.
Mr. Hartigan was terminated by Yellow Freight on May 3, 1994, but reinstated on August 20, 1994 pursuant to a settlement agreement. Yellow Freight failed to remit Mr. Hartigan’s fourth quarter 1994 dues. Local Union 705 sent Mr. Hartigan notice dated October 30, 1994, to which he responded by paying his dues in cash on November 28, 1994, for October and November 1994. Pursuant to Article X, Section 5(c), he does not lose good standing if he pays dues which his employer failed to remit within a 30 day grace period following a notice of the arrearage. Insofar as Mr. Hartigan made such a payment within the 30 day period, he 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 & Watkins
885 Third Avenue, Suite 1000
New York, NY 10022
Fax (212) 751-4864
Jo Pressler
February 1, 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
Julie Hamos, Regional Coordinator