February 7, 1996
VIA UPS OVERNIGHT
Robert Wabol
14836 Cricketwood
Lockport, FL 60441
Stephen Weinert, Secretary-Treasurer
Teamsters Local Union 738
300 S. Ashland Avenue, Room 308
Chicago, IL 60607
Re: Election Office Case No. E-079-LU738-EOH
Gentlemen:
In response to a pre-nomination request for eligibility verification, on January 26, 1996, the Election Officer found Stephen Weinert to be eligible to run for delegate or alternate delegate to the International convention. Mr. Weinert was nominated to run for delegate at Local Union 738's nomination meeting on January 30, 1996. By letter received by the Election Officer on January 31, 1996, Robert Wabol protested Mr. Weinert’s eligibility, alleging that Mr. Weinert had not maintained 24 months continuous good standing prior to the month of his nomination as required by the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”).
Article VII, Section 1(a) of the 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 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;
Robert Wabol
February 7, 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.
In support of his protest, Mr. Wabol provided the Election Officer with copies of local union records that indicate, according to Mr. Wabol, that Mr. Weinert was not employed by the local union in 1993. The protester states that Mr. Weinert was not hired by the local union until 1994. The relevant period of review in this case is from January 1994 to January 1996. Evidence of a lack of employment in 1993 is irrelevant to this analysis.
In addition, a review of Mr. Weinert’s TITAN record indicates that he has been on dues checkoff with his dues remitted timely for each month beginning in January 1994.
Mr. Weinert has, as a result, maintained 24 months of continuous good standing prior to his nomination, as required by the Rules.
Accordingly, it is the determination of the Election Officer that Mr. Weinert 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
Julie E. Hamos, Regional Coordinator