November 10, 1998
VIA FIRST CLASS MAIL
Cheryl L. Dennis
18863 Leslie Drive
Brook Park, OH 44142
Robert Heverly, Trustee
Teamsters Local Union 103
1404 S. Crain Highway
Suite 200
Glen Burnie, MD 21061
Re: Election Officer Case No. PR-387-LU103-EOH
Gentlepersons:
Cheryl L. Dennis, a former member of Local Union 103 who is currently on withdrawal from that Local Union, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) against Local Union 103 alleging that on November 6, 1998, Trustee Robert Heverly refused to accept her dues for the month of November 1998 so that she would be eligible to receive a ballot.
The protest was investigated by Protest Chief Mary E. Leary.
The investigation established that Ms. Dennis’ was formerly employed by the International Union as a project organizer assigned to Local Union 103 in Glen Burnie, Maryland, for the purpose of organizing employees of the state of Maryland. Ms. Dennis has not been employed either by the International union or within the jurisdiction of Local Union 103 since February 1998. On November 6, 1998, she went to Local Union 103 to pay her dues to insure that she would be eligible to receive a ballot for the International Officers Rerun Election. She was informed that they could not take her dues pursuant to instructions from Trustee Robert Heverly.
The IBT Constitution at Article XVIII, Section 6, provides in pertinent part:
When a member becomes unemployed in the jurisdiction of the Local Union, he shall be issued an honorable withdrawal card upon his request. If no request is made, an honorable withdrawal card must be issued six (6) months after the month in which the member first becomes unemployed, if he is still unemployed at that time.
On June 24, 1998, a letter was sent to each local union from then General Secretary-Treasurer Tom Sever. Included in the letter was Mr. Sever’s instruction that each local union update the “member’s ledger record to reflect their current standing in your Local Union” in anticipation of the pending rerun election. A second memo on the subject was sent out by Mr. Sever on July 1, 1998, which provided in part as follows:
When reviewing the membership mailing list, it is also imperative that actions be taken to ensure that each member’s ledger record contains the proper membership status code. Of particular significance is that . . . no members who are in an inactive membership status are coded with an active membership code - this would be applicable to members who should be in a withdrawal or suspended status; or, the correct identification of an individual in a non-membership status.
Accordingly, based on Article XVIII, Section 6, Local Union 103 correctly refused to accept the dues of Ms. Dennis since withdrawal cards must be issued six (6) months after the month in which the member first becomes unemployed, if she is still unemployed at that time. Since Ms. Dennis has not been employed by the International union or within the jurisdiction of Local Union 103 since February 1998, she is not eligible to receive a ballot in the current International Officers Rerun Election.
The Election Officer has specifically stated in the past that without an initial showing of some evidence of a potential violation, the protest will be denied without further investigation. Since the allegations contained in this protest fail on its face to present sufficient evidence of a Rules violation, the protest is DENIED.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within one (1) 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
Cheryl L. Dennis
November 10, 1998
Page 1
Copies of the request for hearing must be served on the parties listed above as well as upon the Election Officer, 444 North Capitol Street, NW, Suite 445, Washington, DC 20001, Facsimile (202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Michael G. Cherkasky
Election Officer
cc: Kenneth Conboy, Election Appeals Master