January 22, 1996
VIA UPS OVERNIGHT
Jon L. Rabine, Secretary-Treasurer
Teamsters Local Union 763
553 John Street
Seattle, WA 98109
Richard C. Bibaud
10781 N.E. 138th Place
Kirkland, WA 98034
Re: Election Office Case No. E-025-LU763-EOH
Gentlemen:
Jon L. Rabine, a member of Local Union 763, filed a protest on January 9, 1996 protesting the eligibility of Richard C. Bibaud to run for delegate from the local union to the IBT convention, as defined by the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”). The protester alleges that Mr. Bibaud was not a member in good standing from January 1994 through December 1994 because during that period he was in arrears for one month.
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).
Jon L. Rabine
January 22, 1996
Page 1
Local Union 763 used a “collapsible” dues accounting system, wherein dues received are applied to the last month which has not been paid, regardless of the month in which the dues are received. Thus, for example, if a member began January 1995 with a dues delinquency for the month of December 1994, the member’s dues remitted during January 1995 would be applied to December 1994, so the member is shown as delinquent for the month of January 1995. Utilization of the collapsible dues system leads to a continuing dues arrearage for all months subsequent to the month of the original arrearage.
The TITAN record reflects that Mr. Bibaud, who is on dues check-off, had no dues posted for October 1991. By operation of the collapsible accounting system, Mr. Bibaud’s TITAN record shows him as one month in arrears from October 1991 through December 1994. His records were corrected on February 9, 1995 to show that beginning November 1991 he had paid his dues during the month in which they were due. The local union states that it only recently began providing notice of delinquency to a member who become in arrears. Mr. Bibaud confirms that he never received any notice of his delinquency.
The previous Election Officer determined and the Independent Administrator affirmed the determination that the collapsible dues accounting system is reasonable even in the context of cases where delinquencies extended beyond the 24-month eligibility period. In Re: Navarette, 91 - Elec. App. - 93 (March 12, 1991); In Re: Bohn, 90 - Elec. App. - 10 (November 9, 1990). However, the prior Election Officer rejected a strict application of the collapsible accounting method when applied to bar the eligibility of a member whose delinquency during a month 20 years before his nomination showed up as a continuing arrearage pursuant to the collapsible accounting system. Genoese, Case No. 250-LU732-NYC (March 15, 1991), aff’d, 91 - Elec. App. 105 (SA) (March 22, 1991). The Election Officer found that “the use of the collapsible accounting method to continue the delinquency for this length of time is unreasonable and repugnant to any notion of fairness or democracy.” Id.
The Secretary of Labor has indicated that the use of the collapsible system in certain circumstances is not reasonable within the meaning of the Section 401 of the Labor-Management Reporting and Disclosure Act, as amended, 29 U.S.C. §481(e), which is incorporated into the Rules pursuant to Article XIII. See Colpo v. Teamsters Local 326,
504 F. Supp. 573 (D. Del. 1980). There, the Secretary argued that a collapsible dues system “in the absence of a reliable system for giving notice of dues deficiencies and without written publication of the right to cure defaults during a grace period.” Id. at 576.
Here, within the past year, the local union revised members’ records so that current dues remittances would be reflected for the month in which the deduction was made rather than posted to a prior month. The action of the local union “essentially erased Mr. Bibaud’s one-month delinquency and brought him current in his dues obligations.” Under these circum-stances, the Election Officer finds that it is fundamentally unfair to find Mr. Bibaud ineligible on the basis of an October 1991 delinquency well before the 24-month eligibility period, particularly when such finding contradicts Mr. Bibaud’s status as reflected in the records of his local union now showing no arrearage during the eligibility period. To disqualify a member based on a delinquency prior to the 24-month period would render the 24-month requirement ineffectual.
Jon L. Rabine
January 22, 1996
Page 1
Therefore, Mr. Bibaud is in good standing and is eligible to run for delegate. Since Mr. Bibaud’s arrearage in October 1991 occurred more than 24 months prior to the month of his nomination, it does not affect his eligibility.
Accordingly, it is the determination of the Election Officer that Mr. Bibaud is eligible to run for delegate or 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, 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