January 30, 1996
VIA UPS OVERNIGHT
Terrry Meadows
January 30, 1996
Page 1
Terry Meadows
3040 Turpin Road
Decatur, IL 62521
Bernard Points
1204 Sherwood Eddy Drive
Jacksonville, IL XXX-XX-XXXX
Keith Klockenga
RR#1 Box 152
Atlanta, IL XXX-XX-XXXX
Robert Knox
Trustee
Local Union 916
2701 North Durksen Parkway
Springfield, IL 62708
Terrry Meadows
January 30, 1996
Page 1
Re: Election Office Case No. E-040-LU916-EOH
Terry W. Meadows, member of Local Union 916, protested the eligibility of Keith Klockenga and Bernard K. Points to run for alternate delegate from the local union as defined in the Rules for the IBT 1995-1996 International Union Delegate and Officer Election (“Rules”). Both were nominated at the Local Union 916 nominations meeting held January 13, 1996.
Eligibility of Keith Klockenga
Mr. Klockenga’s TITAN records show late cash-dues payments for January, February, March, and April 1994. The mail log of the local union also shows that Mr. Klockenga’s January, February and March 1994 payments were received late. Mr. Klockenga asserts that his January, February and April 1994 payments were timely but did not provide any documentation to support his claim.
In order to be eligible to run for delegate to the International convention, a member must be in continuous good standing with his or her local union, with his or her 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). The IBT Constitution, Article X, Section 5(c) requires dues to be paid on or before the last business day of the current month for a member to be in good standing for that month.
Terrry Meadows
January 30, 1996
Page 1
Accordingly, it is the conclusion of the Election Officer that Mr. Klockenga was not in good standing in January, February, March, and April 1994 because of his late cash-dues payments for those months, and is therefore not eligible to run for alternate delegate.
Eligibility of Bernard Keith Points
Mr. Points worked for Nestle Beverage Co. from January 1, 1994 through November 12, 1994, and for the State of Illinois from November 15, 1994 through the present. He has paid his dues by check-off from January 1, 1994 to date. Mr. Points’s TITAN record shows that his check-off payments were paid late January through October 1994, January through July 1995, and in October 1995. His record shows no dues payments for November 1994, November 1995, and December 1995.
Article X, Section 5 of the IBT Constitution states:
Payment of such dues after their due date shall not restore good standing status for such month or months in computing the continuous good standing required by Article II, Section 4 of this Constitution as a condition of eligibility for office. However, a member on dues checkoff whose employer fails to make a proper deduction during any month in which the member has earnings from which the dues could have been deducted, shall not lose good standing status for that month.
Mr. Points’ dues payments for January through October 1994, January through July 1995, and October 1995 were posted late because his respective employers were not timely in transmitting Mr. Points’s dues to the local union. His payments in August and September 1995 were missed because his employer transmitted his dues to the wrong local union. His November 1995 and December 1995 payments have not been remitted to the local union. The Election Officer has reviewed copies of Mr. Points’ pay stubs and earnings statements and has determined that Mr. Points had sufficient earnings from which his dues could have been paid for each of these months under Article X, Section 5 of the IBT Constitution. Therefore, pursuant to Article VIII, Section 2(a)(1) of the Rules, Mr. Points will not lose good standing based upon these facts.
Mr. Points’ November 1994 payment was not paid because his local union issued him a withdrawal card for the month of November 1994. Mr. Points did not request the withdrawal card. The Election Officer has previously determined that withdrawal cards not issued at the request of a member but as a result of a local union policy do not affect a candidate’s eligibility so long as he or she had earnings from which dues could be deducted during the period in which they were put on automatic, unrequested withdrawal. See Gergely, E-029-LU395-EOH (January 17, 1996). Here, Mr. Points did not request the withdrawal card. As the Election Officer has determined that he had sufficient earnings for the month of November 1994, the withdrawal card issued by the local union does not render him ineligible.
Terrry Meadows
January 30, 1996
Page 1
Accordingly, Mr. Points is eligible to run for alternate delegate.
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: Kenneth Conboy, Election Appeals Master
Bruce Boyens, Regional Coordinator