January 9, 1996
VIA UPS OVERNIGHT
Oswald Mantucci
January 9, 1996
Page 1
Oswald Mantucci
1944 Helderburger
Rotterdam, NY 12306
Frank Marino
8 Sumpter Street
Albany, NY 12205
Brian Koehler
12 Deerwood Drive
Colonie, NY 12205
Donald Stewart
400 Central Avenue, #11K
Albany, NY 12206
Irving Wood, Secretary-Treasurer
Teamsters Local Union 669
890 Third Street
Albany, NY 12206
Oswald Mantucci
January 9, 1996
Page 1
Re: Election Office Case No. E-016-LU669-EOH
Protest of Oswald Mantucci
Eligibility of Brian Koehler to Run for Alternate Delegate
Eligibility of Donald Stewart to Nominate
Nomination of Frank Marino
Gentlemen:
By letter received by the Election Officer on January 4, 1995, Mr. Mantucci protested the eligibility of Brian Koehler to run for alternate delegate to the IBT Convention and the eligibility of Donald Stewart to nominate Mr. Koehler. Mr. Mantucci also alleges that Frank Marino nominated himself to run for alternate delegate in violation of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election ("Rules").
Nomination of Frank Marino
Frank Marino nominated himself to run as an alternate delegate at Local Union 669's nomination meeting on January 3, 1996. Article II, Section 5(e) of the Rules states:
Oswald Mantucci
January 9, 1996
Page 1
Nominations shall take place at a general or special membership meeting or at a meeting of each separate division, craft or place of employment authorized by the Local Union Executive Board to hold a separate meeting and shall be made by a member in good standing other than the nominee, by motion seconded by a member in good standing other than the nominee.
The plain language of the Rules prohibits self-nomination. As a result, Mr. Marino’s nomination is invalid, and he is ineligible to run for alternate delegate.
Eligibility of Donald Stewart to Nominate
According to the report of the Election Officer representative present at Local
Union 669's nominations meeting, Mr. Stewart did not nominate or second the nomination of Mr. Koehler as the protester alleges.[1] Mr. Stewart seconded Mr. Marino’s self-nomination. Since Mr. Marino’s self-nomination is prohibited by the Rules, an examination of Mr. Stewart’s alleged eligibility to nominate is unnecessary.
Eligibility of Brian Koehler to Run for Delegate
The protester alleges that Mr. Koehler is ineligible because he was not a member in good standing for 24 consecutive months prior to the month of nomination. 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 and be employed at the craft within the jurisdiction of the local union for a period of 24 consecutive months prior to the month of nomination. Rules, Article VII, Section 1(a)(1) and (2).
According to the IBT Constitution, dues must be paid on or before the last business day of the month. Article X, Section 5(c) further states:
Oswald Mantucci
January 9, 1996
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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. However, 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.
The TITAN record reflects that Mr. Koehler’s checkoff dues payments for May and June 1994, and for July through November 1995 were not posted in the month the payments were due. An examination of Mr. Koehler’s employment records, however, indicates that he had sufficient earnings from which dues could have been deducted in each of the months for which his payments were due. Consequently, the postings reflected on the TITAN system were the result of untimely transmissions of the dues payments by Mr. Koehler’s employer and do not affect his eligibility. See Goscinak, E-009-LU259-EOH (October 31, 1995). As a result, Mr. Koehler is in good standing and is eligible to run for alternate delegate.
Accordingly, it is the determination of the Election Officer that Mr. Marino is ineligible to run for alternate delegate to the International Convention and that Mr. Koehler is eligible to run for 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 and 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, DC 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
William Kane, Regional Coordinator
[1]The report indicates that Mr. Koehler was nominated by John Panetta and that his nomination was seconded by Don Kenelly. The protest does not make reference to either of these individuals. However, Mr. Mantucci, in a letter dated January 8, 1995, raised the eligibility of Mr. Panetta to nominate Mr. Koehler. That letter will be treated as a separate protest.