January 25, 1996
VIA UPS OVERNIGHT
Charles William Ellis
January 25, 1996
Page 1
Charles William Ellis, Secretary-Treasurer
Teamsters Local Union 327
10006 Russell Street
Nashville, TN 37206
Matthew C. Studd
213 Bradyville Road
Woodbury, TN 37190
Dave Hodgin, President
Teamsters Local Union 327
10006 Russell Street
Nashville, TN 37206
Charles William Ellis
January 25, 1996
Page 1
Re: Election Office Case No. E-051-LU327-EOH
Gentlemen:
Charles William Ellis, secretary-treasurer of Local Union 327, filed a protest challenging the eligibility of Local Union 327 Member Matthew C. Studd, who was nominated on January 20, 1996 to run for delegate to the International convention as defined by the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”). The protester alleges that Mr. Studd was not a member in good standing in January 1995 because he paid no dues that month.
By letter received by the Election Officer on October 13, 1995, Matthew C. Studd requested a determination of his eligibility to run for delegate. By notice dated November 13, 1995, the Election Officer ruled Mr. Studd ineligible to run for delegate. Mr. Studd filed a timely protest to the ruling of the Election Officer on November 22, 1995.
Charles William Ellis
January 25, 1996
Page 1
In Studd, Case No. E-014-LU327-SCE (December 11, 1995), the Election Officer ruled that Mr. Studd was eligible to run for delegate. There, the Election Officer found that Mr. Studd’s employer was responsible for late dues payments on behalf of Mr. Studd in January and February 1995. Relying on Article X, Section 5(c) of the IBT Constitution, which provides that “a member on dues checkoff does not lose good standing if his or her employer fails to make a proper deduction during any month in which the member has earnings from which the dues could have been deducted,” the Election Officer found that
Mr. Studd was in good standing notwithstanding the late payments in January and February 1995.
No additional facts concerning Mr. Studd’s dues payment in January 1995 are alleged by the protester. Accordingly, the Election Officer considers the instant protest resolved by her decision in Case No. E-014-LU327-SCE. Mr. Studd remains eligible to run for 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