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Office of the Election Supervisor for the International Brotherhood of Teamsters

 

 

 

 

 

 

 

 

 

 

 

 

February 12, 1996

 

 

 

VIA UPS OVERNIGHT

 


Lewis Dirickson

February 12, 1996

Page 1

 

 

Lewis Dirickson

7 Sandpiper Lane

Beecher, IL 60401

 

Peter Odo

545 S. Will Road

Coal City, IL 60416


Frank J. Wsol, Secretary-Treasurer

Teamsters Local Union 710

4217 S. Halsted Street

Chicago, IL 60609


Lewis Dirickson

February 12, 1996

Page 1

 

 

Re:  Election Office Case No. E-065-LU710-EOH                                                                                                                             

Gentlemen:

 

In response to a pre-nomination request by Peter Odo, the Election Officer found him ineligible to run for delegate or alternate delegate to the International convention.  On

January 28, 1996, Mr. Odo was nominated to run for alternate delegate at Local Union 710s nomination meeting.  By letter received by the Election Officer on January 29, 1996, Lewis Dirickson, a member of Local Union 710, protested Mr. Odos eligibility. 

 

Article VII, Section 1(a) of the Rules for the IBT 1995-1996 International Union Delegate and Officer Election (Rules) provides:

 

To be eligible to run for any Convention delegate, alternate delegate or International Officer position, one must:

 

(1) Be a member in continuous good standing of the Local Union, with ones 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;


Lewis Dirickson

February 12, 1996

Page 1

 

 

(2) Be employed at the craft within the jurisdiction of the Local Union for a period of twenty-four (24) consecutive months prior to the month of nomination; and

 

(3) Be eligible to hold office if elected.

 

Article X, Section 5 of the IBT Constitution requires all members paying dues to a local union to pay dues on or before the last business day of the current month.  Mr. Odo was off work on workers compensation from January to March 1994 and from March to October 1995. Mr. Odos non-TITAN record indicates that his January and February 1994 dues were paid in March 1994, and his March dues were paid in April 1994.  Further, his May, June, July, and August 1995 dues were paid in November 1995, and his September, October, and November dues were paid in December 1995.

 

The investigation disclosed that Mr. Odo had no earnings from which dues could be deducted in January, February, and March 1994 and in May, June, July, and August 1995.   Mr. Odos dues payments for these months are untimely because his employer could not have deducted them and they were not paid by Mr. Odo in the month in which they were due.

 

The Election Officer is mindful of the hardships that can result on members who endure prolonged periods of unemployment due to illness or injury.  For those members not desirous of running for office or a delegate position, the withdrawal-card provision of

Article XVIII, Section 6(a) of the IBT Constitution is a desirable method of relieving them of the burden of paying dues during their illness.  Members who choose not to take a withdrawal card during such times must continue to pay their dues and, in order to retain eligibility, must pay them in a timely fashion.  See Coleman, E-162-LU710-CHI (January 9, 1991), affd,

91 - Elec. App. - 39 (April 25, 1991).  Any other rule would make eligibility depend not upon clear rules, but upon a casebycase determination of the extent of individual hardship.  It is easy to see how the latter method could lead to arbitrary interpretation.  Id.

 

Accordingly, Mr. Odo lacks the 24 months good standing required by the Rules and thus is ineligible 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

 


Lewis Dirickson

February 12, 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

Julie Hamos, Regional Coordinator