February 23, 1996
VIA UPS OVERNIGHT
Gary J. Nichter
5332 Broadway
Lancaster, NY 14086
Robert Klinko, Secretary-Treasurer
Teamsters Local Union 558
1565 East Delavan Avenue
Buffalo, NY 14215
Re: Election Office Case No. E-083-LU558-EOH
Gentlemen:
In response to a request by Gary J. Nichter to verify his eligibility prior to his nomination meeting, the Election Officer found Mr. Nichter ineligible to run for delegate to the International convention on February 1, 1996. By letter received by the Election Officer on February 4, 1996, Mr. Nichter protests this finding of ineligibility. At Local Union 558’s nomination meeting, held on February 5, 1996, Mr. Nichter was nominated to run for delegate.
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:
Gary Nichter
February 23, 1996
Page 1
(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;
(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.
The investigation revealed that Mr. Nichter was out of work on workers’ compensation from June 8, 1993 to June 1, 1994. As a result, Mr. Nichter, who had been on dues checkoff, had no earnings from which dues could be deducted in February, March, April or May 1994. Mr. Nichter did not pay these dues in cash. On July 7, 1994 Local Union 558 retroactively suspended Mr. Nichter at his request. On that day, Mr. Nichter’s record was amended to reflect that he was suspended from January to July 1994.
Mr. Nichter does not deny that he failed to pay his dues in the relevant months or that he requested the retroactive suspension. He contends that he was informed by the local union that his eligibility status would not be affected if he “agreed to suspend his dues.”
Mr. Nichter argues that he reasonably relied on oral statements made by an official of the local union and should not be found ineligible as a result.
Mr. Nichter’s contentions are without merit. First, even if it is determined that an official of Local Union 558 did tell Mr. Nichter that a suspension would not render him ineligible, the Election Officer has previously held that statements of local union officers cannot vary or override the terms of the IBT Constitution or the Rules. Randall,
E-002-LU328-EOH (September 6, 1995); See Baker, E-187-LU481-CLA (January 21, 1991). As a result, Mr. Nichter cannot now argue that he should be determined eligible because he reasonably relied on a statement of the local union.
In addition, the fact that Mr. Nichter failed to pay his dues while out on workers’ compensation provides grounds for a determination of ineligibility independent of the suspension. 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), aff’d,
91 - Elec. App. - 39. Any other rule would make eligibility depend not upon clear rules, but upon a case‑by‑case determination of the extent of individual hardship. It is easy to see how the latter method could lead to arbitrary interpretation. Id.
Gary Nichter
February 23, 1996
Page 1
Mr. Nichter missed dues payments months before the local union declared him suspended. The fact that he missed these payments indicates he failed to maintain 24 consecutive months of good standing with regard to his payment of dues prior to his nomination.
Accordingly, it is the determination of the Election Officer that Mr. Nichter is not eligible to run for 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 & 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
Arthur A. Wasserman, Regional Coordinator