January 19, 1996
VIA UPS OVERNIGHT
K. L. Gorzen
January 19, 1996
Page 1
K. L. Gorzen
Teamsters Local Union 979
B1-1680 Dublin Avenue
Winnipeg, Manitoba R3H 1A8
Canada
Edmund Hawrysh
63 Morning Glory Crescent
Winnipeg, Manitoba R2J 3Y7
Canada
Richard Ashdown, Secretary-Treasurer
Teamsters Local Union 979
B1-1680 Dublin Avenue
Winnipeg, Manitoba R3H 1A8
Canada
K. L. Gorzen
January 19, 1996
Page 1
Re: Election Office Case No. E-032-LU979-EOH
Eligibility of Edmund Hawrysh to Run for Delegate
Gentlemen:
By notice dated January 6, 1996, the Election Officer determined that
Edmund Hawrysh was eligible to run for delegate or alternate delegate to the International convention. On January 9, 1996, Mr. Hawrysh accepted a nomination to run for delegate to the International convention at Local Union 979's nominations meeting. By letter on
January 12, 1996, K. L. Gorzen filed a protest in which he contends that Mr. Hawrysh is ineligible to run for delegate because he has not paid his dues in a timely fashion for the
24 months prior to the month of his nomination as required by the Rules for the IBT 1995-1996 International Union Delegate and Officer Election (“Rules”).
K. L. Gorzen
January 19, 1996
Page 1
In order to be eligible to run for delegate or alternate 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, Sections 1(a)(1) and (2).
The investigation disclosed the following. Mr. Hawrysh was the principal officer of Local Union 979 from January 1, 1990 until February 1993, when he resigned to accept the post of IBT International Representative. Until the end of January, 1993, Mr. Hawrysh was on dues check-off and his dues were assessed at $35 a month. In February 1994, he became a cash payer and paid dues of $35 a month until November 1993. At that time, the TITAN record reflects that Mr. Hawrysh’s dues rate was lowered to $17 a month. Two months later, the TITAN record shows his dues rose to $19 a month because of a general $2 assessment at the local union. In January 1995, Local Union 979's election board determined that
Mr. Hawrysh’s dues rate was too low and increased it to retroactively back to November 1993. As a result, Mr. Hawrysh’s record was adjusted to indicate he owed a substantial arrearage, which he paid off completely until July 1995. Because of the delay in payment of the arrearage, Mr. Hawrysh was suspended by the local union in May 1995.
Mr. Hawrysh contends that he did not become aware of the arrearage and his suspension until he tried to participate in a July 17, 1995 executive board meeting and was told he could not because of his status. Mr. Hawrysh then made a payment on July 25, 1995 which brought his dues up to date. The local union disputes this and contends that
Mr. Hawrysh was orally advised of the increase in dues as early as January 1995. Local Union Secretary-Treasurer Richard Ashdown admits, however, that Mr. Hawrysh never received written notification of the dues increase or the arrearage caused solely by his failure to pay the increased amount of dues.
The IBT has advised the Election Officer that it is the International union’s policy not to deprive a cash-paying member of good standing for the member’s failure to pay an increase in dues unless the member received written notification of the increase. The Election Officer finds this to be a sound policy and, in the situation of a dues increase for a cash-paying member, will not deprive a member of good standing without evidence that written notification of the dues increase was provided to the member. As there was no such documentation provided to Mr. Hawrysh, it is the determination of the Election Officer that Mr. Hawrysh is eligible to run for delegate to the International convention.
Accordingly, 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, 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
Gwen Randall, Regional Coordinator