January 25, 1996
VIA UPS OVERNIGHT
John Staniewicz
1646 Garnet Road
Victoria, B.C.
Canada V8P 3C8
John M. Staniewicz
January 25, 1996
Page 1
Ed MacIntosh, Secretary-Treasurer
Teamsters Local Union 213
490 E. Broadway
Vancouver, B.C.
Canada V5T 1X3
John M. Staniewicz
January 25, 1996
Page 1
Re: Election Office Case No. E-037-LU213-EOH
Eligibility of John Staniewicz to Run for Delegate
Gentlemen:
On January 12, 1996, the Election Officer determined John M. Staniewicz ineligible to run for delegate or alternate delegate to the International convention. By letter received by the Election Officer on January 16, 1996, Mr. Staniewicz protested this determination.
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 for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”), Article VII, Section 1(a)(1).
John M. Staniewicz
January 25, 1996
Page 1
Mr. Staniewicz suffered a work-related injury on August 28, 1995. He has been out of work on workers’ compensation ever since and is still unclear about when he will be able to return to work. The protester contends that, due to the severity of his injuries, he was unable to attend to “daily responsibilities,” including the payment of union dues, until late October 1995. Mr. Staniewicz states that he made a sufficient payment to make his account current at that time.
The TITAN record reflects that Mr. Staniewicz was on dues checkoff until August 1995. After that time, his next payment was a cash-dues payment of $76.00 posted on November 7, 1995. This sum represented a late payment of dues for September and October 1995, and also applied to his dues for November and December 1995.
The Election Officer is mindful of the hardships that can result on members who endure prolonged periods of unemployment due to illness or injury. For some members, those not desirous of running for office or a delegate position, the withdrawal-card provision of Article XVIII, § 6(a) of the IBT Constitution is a desirable method of relieving them of the burden of paying dues during their illness. Members who chose not to take a withdrawal card during such times must continue to pay their dues and, in order to retain eligibility, must pay them in a timely fashion. See Coleman, E-162-LU710-CHI (January 9, 1991), aff’d, 91 - Elec. App. - 39.
While Mr. Staniewicz is to be commended for paying his dues during his incapacitation and period of unemployment, he was required to pay his dues in a timely fashion in order to retain his eligibility to run for delegate. Any other rule would make eligibility depend not upon clear rules, but upon a case‑by‑case determination of the extent of individual hardship. It is easy to see how the latter method could lead to arbitrary interpretation. Id.
Accordingly, it is the determination of the Election Officer that Mr. Staniewicz is not eligible to run for delegate or alternate delegate to the IBT 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
John M. Staniewicz
January 25, 1996
Page 1
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