January 19, 1996
VIA UPS OVERNIGHT
Gary LaPlant, Secretary-Treasurer
Teamsters Local Union 328
517 Ludington Street
Escanaba, MI 49829
William T. Nelson
6387 N. 5th Street
Wells, MI 49894
Re: Election Office Case No. E-022-LU328-EOH
Gentlemen:
Gary LaPlant, secretary-treasurer of Local Union 328, has filed a protest alleging that William T. Nelson, nominated on January 6, 1995 to run for delegate from the local union to the IBT convention, is not eligible to run for delegate as defined by the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”). The protester alleges that Mr. Nelson was not a member in good standing from February 1994 through July 1994 because on three occasions during that period he failed to pay his monthly dues on a timely basis. The protester further alleges that Mr. Nelson was not employed at the craft from January 1994 through the present because during this period, while receiving workers’ compensation benefits, he taught a college course.
Gary LaPlant
January 19, 1996
Page 1
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). The IBT Constitution states in Article X, Section 5(c) that “[m]embership dues to Local Unions are due on or before the first business day of the month and must be paid on or before the last business day of that month.”
The protester claims that Mr. Nelson, who is a cash-dues payer, was untimely in his dues payments for the months of February 1994, April 1994, and July 1994. The protester asserts that Mr. Nelson’s untimely payments are evidenced by the record of his cash postings showing that Mr. Nelson’s February 1994 dues were posted March 1, 1994, his April 1994 dues were posted on May 2, 1994 and his July 1994 dues were posted August 2, 1994.
The address of Local Union 328, as shown on its letterhead, is a post office box.
Mr. Nelson has supplied documentation showing that each of the three payments at issue was sent by certified mail to the local union’s post office box. Postal records show an attempt to deliver Mr. Nelson’s February 1994 dues on February 26, 1994, an attempt to deliver his April 1994 dues on April 30, 1994, and an attempt to deliver his July 1994 dues on July 29, 1994.
This documentation shows, however, that Mr. Nelson failed to pay his April 1994 dues on or before the last business day of April 1994 as required by Article X, Section 5(c) of the IBT Constitution. April 30, 1994, the day on which Mr. Nelson’s dues for April 1994 were tendered to the local union at its stated address, was a Saturday, which is not considered a business day within the meaning of Article X, Section 5(c). Mr. Nelson thus failed to pay his April 1994 dues on or prior to April 29, 1994, the last business day of April 1994. Therefore, he was not in good standing for the 24 consecutive months prior to the month of his nomination and accordingly, is not eligible to run for delegate.
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 A. Wertheimer, Regional Coordinator