March 7, 1996
VIA UPS OVERNIGHT
Michael Smith
March 7, 1996
Page 1
Michael R. Smith
2306 Montclair Avenue
Knoxville, TN 37917
Stephen P. Allen
4840 Shady Road
Strawberry Place, TN 37871
William Randall Copeland, President
Teamsters Local Union 519
2306 Montclair Avenue
Knoxville, TN 37917
Michael Smith
March 7, 1996
Page 1
Re: Election Office Case No. E-098-LU519-EOH
Gentlemen:
At Local Union 519’s nomination meeting held on February 11, 1996, Steven P. Allen was nominated to run for alternate delegate to the International convention. By letter received by the Election Officer on February 13, 1996, Michael R. Smith protests Mr. Allen’s eligibility to run for alternate.
Article VII, Section 1(a) of the Rules for the IBT 1995-1996 International Union Delegate and Officer Election (“Rules”) provides:
To be eligible to run for any Convention delegate, alternate delegate or International Officer position, one must:
(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;
Michael Smith
March 7, 1996
Page 1
(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.
The investigation revealed that Mr. Allen, who has alternated between check-off and cash-dues payments depending on his employment status, made late cash-dues payments for February, April, June, and August 1994, November and December 1995, and January 1996. Mr. Allen states that it was his understanding that his eligibility would not be affected by payments received by the local unions up to 10 days into the month following when the dues were due. However, Article X, Section 5(c) of the IBT Constitution clearly states that dues must be paid on or before the last business day of the month in which they come due. As a result, Mr. Allen has failed to maintain 24 consecutive months of good standing prior to his nomination. Accordingly, it is the determination of the Election Officer that Mr. Allen is not eligible to run for delegate or alternate 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 & 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 N. 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
Bruce Boyens, Regional Coordinator