January 17, 1996
VIA UPS OVERNIGHT
Jon L. Rabine, Secretary-Treasurer
Teamsters Local Union 763
553 John Street
Seattle, WA 98109
John C. Cole, Jr.
13720 Beverly Park
Lynnwood, WA 98037
Re: Election Office Case No. E-017-LU763-EOH
Eligibility of John C. Cole, Jr. to Run for Delegate
Gentlemen:
On January 8, 1996, the Election Officer received the protest of Jon L. Rabine, a member of Local Union 763. Mr. Rabine challenges the eligibility of John C. Cole, also a member of Local Union 763, as a candidate for delegate. Mr. Cole was nominated for that position at Local Union 763’s nomination meeting held on January 3, 1996. The protester contends that Mr. Cole failed to pay dues for May, July and August of 1994 in a timely manner.
A member is eligible to run for delegate or alternate to the International convention if (1) he is 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 (2) he is 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 for the 1995-1996 IBT International Union Delegate and Officer Election, Article VII,
Section 1(a)(1) and (2).
Jon L. Rabine
January 17, 1996
Page 1
Mr. Cole’s eligibility to run as a candidate for delegate was previously investigated by the Election Officer in response to a Request for Eligibility Verification received from him on December 20, 1995. At that time, his entire dues payment record was examined for the preceeding 24 months, including payments for the months of May, July and August of 1994. Mr. Cole’s dues are paid through a checkoff provision. In all contested months, wages were earned sufficient for the deduction of dues within the meaning of Article X, Section 5 (c) of the IBT Constitution.
Accordingly, Mr. Cole is eligible to be a candidate for delegate and the 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 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, 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