January 23, 1996
VIA UPS OVERNIGHT
Lino Acanfora
January 23, 1996
Page 1
Lino Acanfora
2409 Spring Garden
Charleston, SC 29414
Stephanie Ganaway
7564 Brandywine Road
N. Charleston, SC 29420
Henry L. McKelvey, President
Teamsters Local Union 509
1213 State Street
Cayce, SC 29033
Lino Acanfora
January 23, 1996
Page 1
Re: Election Office Case No. E-038-LU509-EOH
Eligibility of Stephanie Ganaway to Run for Delegate
Gentlepersons:
By notice dated January 12, 1996, the Election Officer declared Stephanie Ganaway ineligible to run for delegate or alternate delegate to the International convention.
Ms. Ganaway was nominated to run for alternate delegate at Local Union 509’s nominations meeting on January 13, 1996. By letter received by the Election Officer on January 16, 1996, Lino Acanfora protested Ms. Ganaway’s eligibility on the grounds that she has not maintained her membership in good standing for 24 months prior to the month of her nomination in compliance with the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”).
In order to be eligible to run for delegate or alternate 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 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, Section 1(a)(1) and (2).
Lino Acanfora
January 23, 1996
Page 1
The investigation disclosed that Ms. Ganaway took maternity leave from her employer in October 1993. She requested and was granted two extensions to this leave of absence and eventually returned to work in September 1994. Ms. Ganaway paid no dues between October 1993 and April 1994. In May 1994, Ms. Ganaway made a cash payment and did not pay dues again until her checkoff payments resumed in September 1994. In addition, Ms. Ganaway made late cash payments for her March and April 1994 dues.
Ms. Ganaway contends that the leave of absence from her employer excused her from making dues payments during the duration of the leave without affecting her eligibility. Article VII, Section 2(d) of the Rules provides:
The requirements of continuous good standing and working in the jurisdiction may be excused or modified in the case of any officer, employee or member on leave of absence granted with the approval of the Local Union Executive Board on a nondiscriminatory basis.
On June 14, 1994, Henry McKelvey, president of Local Union 509, advised
Ms. Ganaway’s employer that she fulfilled the requirements for a “leave of absence in regard to health and welfare and pension payments.” This advisory does not trigger the exception enunciated in Article VII, Section 2(d). In order for the exception to apply, the local union executive board must approve a grant of a leave of absence from active membership in the local union. In this case, the local union president advised the employer that Ms. Ganaway qualified for a leave from work under the terms of the collective bargaining agreement with the Employer. This correspondence was neither presented nor approved by the executive board and did not excuse her from the requirements of membership, including the timely payment of dues. See Stone, E-020-LU745-EOH (January 18, 1996). In addition,
Ms. Ganaway was a checkoff dues payer. During her leave from work, she had no earnings from which dues could be deducted. Id.
Accordingly, it is the determination of the Election Officer that Ms. Ganaway 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 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
Lino Acanfora
January 23, 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, 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
J. Griffin Morgan, Regional Coordinator