February 5, 1996
VIA UPS OVERNIGHT
Paul R. Jones, Secretary-Treasurer
Teamsters Local Union 692
3888 Cherry Avenue
Long Beach, CA 90807
Vance Scott
5909 Damask Avenue
Los Angeles, CA 90056
Re: Election Office Case No. E-042-LU692-EOH
Gentlemen:
Vance Scott was nominated to run for delegate to the International convention at Local Union 692’s nomination meeting on January 16, 1996. By letter received by the Election Officer on January 17, 1996, Paul R. Jones protests Mr. Scott’s eligibility to run for delegate. Mr. Jones contends that Mr. Scott has not been a member of Local Union 692 for 24 months prior to his nomination, as required by the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”), because he voluntarily transferred from Local
Union 63 during the relevant period.
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 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).
Paul R. Jones
February 5, 1996
Page 1
The investigation revealed that Mr. Scott, while a member of Local Union 63, began work at a Yellow Freight work site in Local Union 692's jurisdiction. On August 25, 1993, Local Union 692 requested that Local Union 63 transfer Mr. Scott to Local Union 692. This request was not granted.[1] Local Union 692 made another request for transfer on October 29, 1993. Local Union 63 responded on February 15, 1994 that Mr. Scott would not be trans-ferred until he paid $140.50 that he owed to Local Union 63. Mr. Scott paid this amount to Local Union 63 on March 2, 1994. He made his first dues payment to Local Union 692 at the same time.
After Local Union 692 made its first transfer request, Mr. Scott became a full-time employee at Yellow Freight in late September 1993. His probationary period ended on October 29, 1993. The relevant 24-month period that must be examined to determine
Mr. Scott’s eligibility is January 1994 to December 1995.
The information disclosed by the investigation leads to the conclusion that Mr. Scott is eligible to run for delegate. Had Local Union 63 responded to Local Union 692 when it first requested the transfer in August 1993, Mr. Scott would have been on notice that his transfer was being blocked because of money still owed to Local Union 63.[2] A reasonably prompt response from Local Union 63 would have given Mr. Scott an opportunity to settle the matter and complete his transfer well before the relevant 24-month period of review began. Since Mr. Scott paid the requested money within a reasonable period of time upon being notified that he owed money to Local Union 63, there is no evidence that he would not have done so if he had been notified of this arrearage earlier.
As a result, the Election Officer concludes that Mr. Scott should be treated as if the transfer to Local 692 was effectuated prior to December 1994. An examination of Mr. Scott’s payment record indicates that he had earnings from which his dues could have been deducted during the past 24 months. At the end of his probationary period, in late October of 1993, Mr. Scott qualified to have his dues checked off by his employer under the checkoff provisions of his employer’s collective bargaining agreement. Yellow Freight, however, would not allow Mr. Scott to go on dues checkoff until his transfer became formal. Since Mr. Scott’s transfer was delayed by the inaction of Local Union 63, the fact that he paid no dues to Local
Paul R. Jones
February 5, 1996
Page 1
Union 692 until March 1994 does not affect Mr. Scott’s good standing status under the Rules. His income was sufficient for dues to be checked off and, but for Local Union 63’s delay in responding to the transfer, such dues would have been checked off.
Accordingly, it is the determination of the Election Officer that Mr. Scott is 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
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
Dolly M. Gee, Regional Coordinator
[1]There is a factual dispute as to whether Local Union 63 ever received the request.
Anna Castillo, Local Union 63’s TITAN operator, states that there is no copy of the transfer request in her files. She states that such absence means either the request was not received or was lost after receipt. The investigation established, however, that the request was made by Local Union 692.
[2]The investigation revealed that Mr. Scott’s arrearage dates from the early 1980s, when Mr. Scott ceased participating in union affairs or paying his dues without obtaining a withdrawal card. Mr. Scott was suspended from union membership on January 20, 1983. In order to approve his transfer, Local Union 63 demanded Mr. Scott pay the three months’ dues payments (at the rate of $30 a month), a $50 re-initiation fee, and a $0.50 transfer fee.