Protest Decisions

January 29, 1996

VIA HAND DELIVERY

Jon L. Rabine

January 29, 1996

Page 1

Jon L. Rabine, Secretary-Treasurer

Teamsters Local Union 763

553 John Street, Room 16

Seattle, WA 98109

Ruth K. Hamada

520 S. Main Street #1005

Seattle, WA 98104

Jonathan M. Davis

1512 4th Avenue, West

Seattle, WA 98119

Jon L. Rabine

January 29, 1996

Page 1

Re:  Election Office Case Nos.              E-018-LU763-EOH             

E-026-LU763-EOH

Gentlepersons:

Ruth K. Hamada and Jonathan M. Davis were nominated to run for delegate to the International convention at Local Union 763’s nominations meeting held on January 3, 1996.  In separate letters received by the Election Officer on January 5, 1996, Jon L. Rabine, secretary-treasurer of Local Union 763, protested the eligibility of Ms. Hamada and

Mr. Davis, who are both employed as casual insert helpers at the Seattle Times newspaper, to run for delegate.[1]  Mr. Rabine alleges that Mr. Davis and Ms. Hamada are not members of Local Union 763 and, as a result, do not fulfill the criteria of eligibility established in the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”).

Specifically, Mr. Rabine contends that casual insert helpers do not pay full membership dues.  Instead, such workers pay “administrative fees” which do not entitle them to full union  membership.  Even if they could be construed as members, Mr. Rabine argues that

Jon L. Rabine

January 29, 1996

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Ms. Hamada and Mr. Davis have failed to pay the $12 a month required of casual insert helpers to maintain good standing with the local union, paying instead a variable amount based upon 3.5% of their monthly income.  Mr. Rabine contends that he explained to the casual insert helpers a plan whereby they would be granted union membership if they paid an intitiation fee of $13 and dues of $12 a month.  Rabine did not refer to this payment structure in his protest letter.  Rather, he contended that the administrative fee owed by casual insert helpers was $12, not the 3.5% of monthly income that Mr. Davis and Ms. Hamada pay.  During the subsequent investigation, however, Mr. Rabine insisted that the $12 payment he referred to in his protest represented the monthly dues of an individual who took advantage of the local union’s offer of reduced dues and a reduced initiation fee for casual insert helpers.  Thus, he claimed the 3.5% payment was the administrative fee paid by casual insert helpers who are not union members.

In order to be eligible to run for delegate to the International convention, a member must be in continuous good standing with his or her local union, with his or her 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, Sections 1(a)(1) and (2). 

According to the IBT Constitution and the bylaws of Local Union 763, to maintain membership in good standing, one must pay an initiation fee and make monthly dues payments.

According to the security clause of the original collective bargaining agreement between the Seattle Times and the local union that covered casual insert helpers, “. . . the Employer shall deduct Union dues from the pay of all Insert-Helpers and Casual Insert-Helpers in the amount of three and one-half percent (3.5%) of their weekly straight time earnings in each month the Insert-Helper or Casual-Insert Helper is employed by the

Employer . . .”  Identical language appears in the current collective bargaining agreement.  In both documents, the percentage of earnings required from casual insert helpers is fixed at 3.5% and referred to as dues, not as administrative fees.  There is no reference in the collective bargaining agreements to any requirement of payment of dues at the rate of $12. 

The only place that a $12 per month “dues rate” for casual insert helpers appears is in internal union accounting records.  There are no witnesses who corroborate Mr. Rabine’s contention that the casual insert helpers were advised of this dues amount in order to be union members.

In addition, casual insert helpers were told by officers of Local Union 763 that they could join the local union if they paid a “Special Initiation Fee” of $13.  In a letter to

Ms. Hamada, dated July 23, 1990, Mr. Rabine states:

Jon L. Rabine

January 29, 1996

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Those wishing to acquire full membership status in the Union may do so by payment of an additional thirteen dollars ($13.00) as a Special Initiation Fee.  This Special Initiation Fee will forestall any requirement to pay the regular initiation fee until advanced to a Trainee Mailer or Journeyman Mailer.

This initiation fee is consistent with the bylaws of the local union, which provide, in

Section 18.2, that the initiation fee be ten times wages for part-time employees, which can be reduced for good cause.

Union records indicate that Mr. Davis paid this initiation fee in December 1990.  At that time, he submitted a completed union membership form after signing the oath of membership on the back.  He was then issued a membership card.  Since that time, his employer has deducted 3.5% of his weekly earnings and submitted them monthly to the local union as dues.[2]

There is no evidence that Ms. Hamada has ever paid the initiation fee.

Mr. Rabine insists that Mr. Davis and Ms. Hamada cannot be eligible because they do not appear on the local union’s membership roster and are coded as non-members on TITAN.  Mr. Rabine’s contention ignores the evidence that he and his officers gave the casual insert helpers information from which they could reasonably have believed they were full members.  Under traditional principles of labor law, Local Union 763 has the burden of adequately advising individuals of their membership obligations.  See Philadelphia Sheraton, 136 NLRB 888 (1962), enfd., 320 F.2d 254 (3d Cir. 1963); IUE Local 444 (Paramax Systems Corp.), 311 NLRB No. 105 (1993), enfd. denied, 41 F.3d 1532 (D.C. Cir. 1995).  Since the local union advised the casual insert helpers who paid the “Special Initiation Fee” and the 3.5% monthly checkoff that they were full members, Mr. Rabine cannot now claim that these workers are ineligible because of the manner in which they were classified in internal union records and documents.

Ms. Hamada failed to pay the required initiation fee.  Consequently, she is not a member in good standing.  Mr. Davis has maintained 24 months of continuous good standing.  As a result, it is the determination of the Election Officer that Mr. Davis is eligible to run for delegate and Ms. Hamada is not eligible to run as 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:

Jon L. Rabine

January 29, 1996

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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