January 24, 1996
VIA UPS OVERNIGHT
Stephanie Ganaway
January 24, 1996
Page 1
Stephanie Ganaway
7564 Brandywine Road
N. Charleston, SC 29420
Lino Acanfora
2409 Spring Garden
Charleston, SC 29414
Carl Kuck
1638 Elderbranch Road
Cordova, SC 29039
Henry L. McKelvey, President
Teamsters Local Union 509
1213 State Street
Cayce, SC 29033
Stephanie Ganaway
January 24, 1996
Page 1
Re: Election Office Case No. E-033-LU509-EOH
Eligibility of Lino Acanfora for Delegate
Eligibility of Carl Kuck for Alternate Delegate
Gentlepersons:
On January 13, 1996 at Local Union 509’s nominations meeting, Lino Acanfora was nominated to run as a delegate and Carl Kuck was nominated to run as an alternate delegate to the International convention. By letter received by the Election Officer on January 16, 1996, Stephanie Ganaway contends that neither candidate is eligible to run because they have both failed to maintain the 24 months of good standing required by the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”).
In order to be eligible to run for delegate 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. Rules, Article VII, Section 1(a)(1).
Stephanie Ganaway
January 24, 1996
Page 1
Ms. Ganaway states that both Mr. Acanfora and Mr. Kuck are on dues checkoff, and both have been out of work on workers compensation within the 24 months immediately prior to their nominations. The protester alleges that since Messrs. Kuck and Acanfora had no earnings from which dues could be deducted while they were not working, they must, as a result, lack the 24 months continuous good standing required by the Rules.
An examination of the TITAN record, however, indicates that Mr. Acanfora paid sufficient checkoff dues in every month in question except October 1994 and March and April 1995. During the months his dues were not checked off, he made timely cash payments.[1] The record further indicates that Mr. Kuck has had his checked off dues remitted to the local union in a timely manner for each of the 24 months preceding his nomination.
Accordingly, it is the determination of the Election Officer that Mr. Acanfora is eligible to run for delegate and Mr. Kuck is eligible to run for 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: Election Appeals Master Kenneth Conboy
J. Griffin Morgan, Regional Coordinator
[1]The record indicates an insufficient payment by Mr. Acanfora for December 1994. This deficiency has been traced to an error on the part of the local union’s TITAN operator. A correction was entered in the system after the error was discovered. Thus, the record of this insufficient payment does not affect Mr. Acanfora’s eligibility.