March 11, 1996
VIA UPS OVERNIGHT
Pat Miraglio, Secretary-Treasurer
Teamsters Local Union 439
1531 E. Fremont Street
Stockton, CA 95201
Tonno Ciaramitaro
P.O. Box 382
Thornton, CA 95686
Re: Election Office Case No. E-116-LU439-EOH
Gentlemen:
In response to a pre-nomination request by Tonno Ciaramitaro that his eligibility status be verified, the Election Officer, on February 6, 1996, found Mr. Ciaramitaro eligible to run for delegate or alternate delegate to the International convention. Mr. Ciaramitaro was nominated to run for delegate at local Union 439’s nominations meeting held on February 16, 1996. On February 20, 1996, the Election Officer received a protest by Pat Miraglio.
Mr. Miraglio alleges in this protest that Mr. Ciaramitaro is not eligible to run for delegate because he has not maintained 24 continuous months of good standing prior to his nomination, as required by the Rules for the IBT 1995-1996 International Union Delegate and Officer Election (“Rules”).
Article VII, Section 1(a) of the Rules provides:
To be eligible to run for any Convention delegate, alternate delegate or International Officer position, one must:
Pat Miraglio
March 11, 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.
The requirement of 24 months’ continuous employment at a craft in the jurisdiction of the local union is modified by Article VII, Section 2(g), which 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 and 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.
In addition, Article X, Section 5(c) of the IBT Constitution states, in pertinent part:
[A] member on dues checkoff whose employer fails to make a proper deduction during any month in which the member has earnings 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 within thirty (30) days of said notice in order to retain good standing status.
According to Mr. Ciaramitaro’s TITAN record, his dues for February and March 1994 were posted to the system late. The record also indicates that Mr. Ciaramitaro transferred from Local Union 853 to Local Union 439 on March 31, 1994.
The investigation revealed that Mr. Ciaramitaro, a checkoff dues payer, had sufficient earnings from which dues could be deducted in both months for which his dues were posted late. In addition, the transfer of employees in Mr. Ciaramitaro’s bargaining unit resulted from a shift of jurisdiction from Local Union 853 to Local Union 439. Mr. Ciaramitaro had no control over this transfer of his affiliation. As a result, his transfer was involuntary. Because Mr. Ciaramitaro was employed at a craft under the jurisdiction of either local union for a cumulative period in excess of the 24 consecutive months prior to his nomination, he fulfills the requirements of Article VII, Section 2(g).
Pat Miraglio
March 11, 1996
Page 1
Accordingly, it is the determination of the Election Officer that Mr. Ciaramitaro is 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 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
Matthew Ross, Regional Coordinator