Protest Decisions

January 25, 1996

VIA UPS OVERNIGHT

Lyle Kent

Teamsters Local Union 31

#1 Grosvenor Square

Delta, B.C. U3M 5S1

Canada

Garnet Zimmerman, President

Teamsters Local Union 31

#1 Grosvenor Square

Delta, B.C. U3M 5S1

Canada

Re:               Election Office Case No. E-036-LU31-EOH

Eligibility of Lyle Kent to Run for Delegate or Alternate Delegate

Gentlemen:

The Election Officer determined Lyle Kent is ineligible to run for delegate or alternate delegate to the International convention on January 9, 1996 because his local union member-ship was interrupted by a voluntary transfer.  Mr. Lyle protested this determination on

January 12, 1996.

Mr. Kent admits he voluntarily transferred from Local Union 213 to Local Union 31 on July 28, 1994.  He contends, however, that, according to the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”), his transfer does not render him ineligible because he complied with the transfer card provisions of the International Constitution and his local union bylaws.

Lyle Kent

January 25, 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 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).

In addition, Article VII, Section 2(a) states, “The continuous good standing requirement may be met by compliance with the withdrawal or transfer card provisions of the International Constitution and the Local Union Bylaws.”

According to Article VII, Section 2(g):

In the case of a member who has been involuntarily transferred from one Local Union to another, such member must have worked at the craft under the jurisdiction of the original Local Union and must have been so employed in continuous good standing on a cumulative basis in both Local Unions for a total of twenty-four (24) consecutive months prior to the month of nomination.

Mr. Kent contends that, since his transfer was voluntary, Article VII, Section 2(g) has no application to his eligibility.  He further argues that, since he has complied with the transfer card provisions of the IBT Constitution, he should be deemed to have 24 months continuous good standing.

Mr. Kent’s argument ignores the fact that determination of eligibility requires a two-pronged test.  While he is correct that Article VII, Section 2(a) provides an exception through which voluntary transfers can be deemed to satisfy the requirement for 24 months continuous good standing,[1] the cited section does not provide an exception for the requirement that, to be eligible, a potential candidate must be employed at a craft under the jurisdiction of the local union for 24 consecutive months.[2]   In order to avoid this latter requirement, a potential candidate must satisfy the requirements of Section 2(g), which clearly states that the relevant transfer must be involuntary.

Since Mr. Kent admits his transfer was voluntary, he does not satisfy the requirements of Article VII, Section 1(a)(2) and, as a result, is not 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

Lyle Kent

January 25, 1996

Page 1

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

Gwen Randall, Regional Coordinator