February 7, 1996
VIA UPS OVERNIGHT
Charles William Ellis
February 7, 1996
Page 1
Charles William Ellis, Secretary-Treasurer
Teamsters Local Union 327
1006 Russell Street
Nashville, TN 37206
David K. Tanksley
1523 Pamela Drive
Lavergne, TN 37086
Dave Hodgin, President
Teamsters Local Union 327
1006 Russell Street
Nashville, TN 37206
Charles William Ellis
February 7, 1996
Page 1
Re: Election Office Case No. E-054-LU327-EOH
Gentlemen:
By letter dated January 23, 1996, Charles William Ellis, secretary-treasurer of Local Union 327, protests the eligibility of David K. Tanksley to run for delegate to the International convention. Mr. Ellis alleges that Mr. Tanksley does not meet the 24-month-continuous-good- standing requirement set forth in the Rules for the 1995-1996 IBT International Union Delegate and Officer Election ("Rules") because he failed to pay dues in March of 1994.
On January 19, 1996, in response to a request for pre-nomination eligibility verification, the Election Officer found that Mr. Tanksley was eligible to run for delegate or alternate delegate. Local Union 327 held its nomination meeting the next day where Mr. Tanksley was nominated as a candidate for alternate delegate.
Charles William Ellis
February 7, 1996
Page 1
Article VII, Section 1(a) of the Rules states that in order to be eligible to run for delegate or alternate delegate, a member must "[b]e a member in continuous good standing of the Local Union, with one's dues paid to the Local Union for a period of twenty-four (24) consecutive months prior to the month of nomination for said position with no interruptions in active membership due to suspensions, expulsions, withdrawals, transfers or failure to pay fines or assessments."
Mr. Tanksley has been employed by the Kroger Company from 1978 to the present, except for the period from June 1993 to October 1994, when he worked full time for Local
Union 327 as a business agent. The TITAN record shows that Mr. Tanksley was on dues check-off with the local union in March of 1994 but that his dues payment for that month was remitted during April.
Article X, Section 5(c) of the IBT Constitution states that membership dues "are due on or before the first day of the month and must be paid on or before the last business day of that month" in order to maintain good standing. However, the section further provides:
[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.
Payroll records furnished to the Election Officer by the local union show that in March of 1994, Mr. Tanksley had sufficient earnings from which dues could have been deducted. Accordingly, the late submission of his dues payments for that month reflects an error on the part of Mr. Tanksley's employer for which he will not be penalized.
For the foregoing reasons, the Election Officer finds that Mr. Tanksley is eligible to run for alternate delegate in Local Union 327 and the protest is DENIED.
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
Charles William Ellis
February 7, 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
Bruce Boyens, Regional Coordinator