February 8, 1996
VIA UPS OVERNIGHT
Mark Vandak
February 8, 1996
Page 1
Mark Vandak
411 Hickory Lane
Westerville, OH 43081
Darren Kempton, Trustee
Teamsters Local Union 284
555 E. Rich Street
Columbus, OH 43215
Harold Powell
Teamsters Local Union 284
555 E. Rich Street
Columbus, OH 43215
Mark Vandak
February 8, 1996
Page 1
Re: Election Office Case No. E-060-LU284-EOH
Gentlemen:
Darren Kempton was nominated to run for alternate delegate to the International convention at Local Union 284’s nomination meeting on January 27, 1996. By letter received by the Election Officer on January 29, 1996, Mark Vandak protested Mr. Kempton’s eligibility to run for alternate delegate. Mr. Vandak alleges that Mr. Kempton is not currently employed at a craft under the jurisdiction of Local Union 284 and will not be eligible to hold office if elected, as required by the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”).
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 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. Also, a candidate must be eligible to serve if elected. Rules, Article VII, Sections 1(a)(1)-(2), 1(b).
Mark Vandak
February 8, 1996
Page 1
In addition, Article VII, Section 2(b) reads:
The active employment at the craft requirement may be excused by unemployment if, for the period of unemployment, the member was actively seeking and available for employment in the craft and not working outside the craft during such period of unemployment, or by active pursuit of an unresolved grievance or other legal action challenging suspension or discharge.
An examination of the TITAN record disclosed that Mr. Kempton has paid his dues in a timely manner for the 24 consecutive months prior to the month of his nomination.
The investigation revealed that Mr. Kempton was terminated by his employer, Robertshaw Controls, on December 18, 1995. Mr. Kempton immediately filed a grievance concerning this discharge. A decision on this grievance is pending. Since that time,
Mr. Kempton has been actively seeking employment in a craft within the jurisdiction of his local union.[1]
The protester contends that, if Mr. Kempton is elected, he will not be eligible to serve as a delegate because he will be on withdrawal by the time of the convention. Mr. Vandak asserts that, according to the IBT Constitution, Mr. Kempton will be automatically placed on withdrawal after he has been unemployed for six months, and, thus, ineligible to serve as a delegate to the convention.
Mr. Vandak’s argument is without merit. According to the Rules, Mr. Kempton is clearly eligible to run for delegate. If elected, his records will be reviewed prior to the convention in accordance with Article IV, Section 4 of the Rules and his credentials will be witheld if he is not a member in good standing at that time. It would be improper to render
Mr. Kempton ineligible because of events that might occur.
Accordingly, it is the determination of the Election Officer that Mr. Kempton 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
Mark Vandak
February 8, 1996
Page 1
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
Joyce Goldstein, Regional Coordinator
[1]Mr. Kempton is also a local union officer, and employed part time by the local union. On December 15, 1995, Mr. Kempton was elected to a three-year term as a trustee for Local Union 284. He was sworn in on January 1, 1996. Because Mr. Kempton was not protected by the exemption from employment at the craft extended to local union officers by Article VII, Section 2(h) of the Rules from the date of his discharge until assumption of the office, the Election Officer has analyzed Mr. Kempton’s eligibility based upon other grounds.