September 27, 1995
VIA UPS OVERNIGHT
Leslie L. Jackson
2302 Bay Leaf Drive
Orlando, FL 32837
Re: Election Office Case No. E-004-LU385-EOH
Protest of Leslie L. Jackson
Eligibility of Leslie L. Jackson to Run for Delegate
Teamsters Local Union 385
Sir:
By notice dated August 21, 1995, Leslie L. Jackson was declared ineligible to run for delegate or alternate delegate to the 1996 International Convention.
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).
Article VII, Section 1, further provides in subsection (g):
Leslie L. Jackson
September 27, 1995
Page 1
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.[1]
Mr. Jackson filed a timely protest to the ruling of the Election Officer dated August 28, 1995.
Mr. Jackson was found to be ineligible because he transferred from Local Union 63 in California to Local Union 385 in Florida in or about October, 1994. As a result of this transfer, which was found to be voluntary, Mr. Jackson did not have the requisite 24 months of membership in his current Local Union.
In his protest, Mr. Jackson contends that his transfer was a result of an employer change of operations. He states that he believed he would be terminated if he did not accept transfer and that his transfer was involuntary as a result.
The investigation disclosed that, while Mr. Jackson would not have been laid off if he had not accepted transfer, he reasonably believed he could have been. Mr. Jackson stated that in the summer of 1994 agents of his employer, Consolidated Freightway, told the drivers that after the change in operations only 62 positions would remain. Mr. Jackson, who was 92nd on the seniority list, understood this to mean that he could either transfer to a new terminal or be terminated. Additionally, Bill MacArthur, a representative of the employer, stated, "Potentially, [Mr. Jackson] could have been laid off, but because of his seniority level, he probably would not have been."
The employer eventually retained 120 positions at the California terminal, but Mr. MacArthur’s statement, along with Mr. Jackson’s claim that the employees had been told a much lower number, indicates that the employer was not sure how many positions would remain at Mr. Jackson’s original terminal after the change of operations. As a result, Mr. Jackson accepted transfer to avoid the possibility that he would be terminated. Such a transfer is deemed involuntary by the Election Officer, and is not a bar to a potential candidate’s eligibility. See, Gray, Case No. E-005-LU325-EOH.
Leslie L. Jackson
September 27, 1995
Page 1
The investigation, however, disclosed an additional problem with respect to Mr. Jackson’s eligibility. The IBT TITAN Communication System record reflects that two of Mr. Jackson’s cash dues payments were posted late during the 24 months which would be prior to his Local Union nomination meeting.[2] The investigator examined Local Union 63's payment records to determine if the late postings were the result of late payments by Mr. Jackson. According to these records, Mr. Jackson’s payment for his August 1994 dues was received by the Local Union on September 1, 1994. In addition, his September 1994 dues were received on October 5, 1994.
Since Mr. Jackson did not timely pay his dues for 24 consecutive months prior to his Local Union’s nomination meeting, it follows that he is not presently eligible to run for delegate. See, Andrews, Case No. E-001-LU305-EOH.
Accordingly, it is the determination of the Election Officer that Mr. Jackson is ineligible to run for delegate to the IBT International Convention, and his protest is DENIED.
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 by the party in any such appeal. Requests for a hearing shall be made in writing and shall be served on:
Leslie L. Jackson
September 27, 1995
Page 1
Kenneth Conboy, Esq.
Mudge, Rose, Guthrie, Alexander & Ferdon
180 Maiden Lane, 36th Floor
New York, NY 10038
Fax (212) 248-2655
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: Election Appeals Master Kenneth Conboy
J. Griffin Morgan, Regional Coordinator
[1]Similarly, under Article II, Section 4(d) of the IBT Constitution, a member who is otherwise eligible shall not be declared ineligible in the Local Union into which he has transferred if his transfer was involuntary. The term "involuntary" has been interpreted by the General President of the IBT to include transfers resulting from changes of operations where the transfer is necessary for the member to retain employment in the craft, where transfer is required, or where the member transfers to another Local Union for greater seniority protection, even if the member had the choice of remaining in the original Local Union in a less desirable position.
[2]The IBT Constitution, Article X, Section 5(c), provides in pertinent part:
All members paying dues to Local Unions must pay them on or before the last business day of the current month. Membership dues to Local Unions are due on or before the first day of the month and must be paid on or before the last business day of that month. Any member failing to pay his dues at such time shall not be in good standing for such month but may restore such good standing for such month for the purpose of attending meetings, nominating, voting and participating in the affairs of the Local Union by the payment of his delinquent dues prior to said meeting. Payment of such dues after their due date shall not restore good standing status for such month or months in computing the continuous good standing required by Article II, Section 4 of this Constitution as a condition of eligibility for office.