February 23, 1996
VIA UPS OVERNIGHT
Carl Hemenway
953 Westgate Drive #115
St. Paul, MN 55114
Michael R. Barta
2445 Dahle Avenue
Faribault, MN 55021
Re: Election Office Case No. E-087-LU120-EOH
Gentlemen:
In response to a request by Michael Barta that his eligibility be verified, the Election Officer found Mr. Barta eligible to run for delegate or alternate delegate to the International convention on August 21, 1995. Mr. Barta was nominated to run for alternate delegate at Local Union 120’s nomination meeting on February 4, 1996. By letter received by the Election Officer on February 6, 1996, Carl Hemenway protests Mr. Barta’s eligibility.
Mr. Hemenway alleges that Mr. Barta failed to pay his dues in a timely manner during the months of January, February, and March 1994.
The Rules for the IBT 1995-1996 International Union Delegate and Officer Election (“Rules”) at 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:
Carl Hemenway
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.
According to Mr. Barta’s TITAN record, Mr. Barta is employed by Kraft--American Food Service (“Kraft”). His dues are paid by check-off. The TITAN record indicates that Kraft neither checked-off nor remitted dues for Mr. Barta from November 1993, until April 1994.
The investigation reveals that on October 22, 1993, Mr. Barta was placed on withdrawal at his request. As a result, Kraft ceased to check-off dues. On January 3, 1994, Local Union 120 received a telephone message from Mr. Barta indicating that he had returned to work and wished to be taken off withdrawal. The cashier at Local Union 120 neither received Mr. Barta’s message nor deposited his withdrawal card until March 22, 1994. At that time, Local Union 120 billed Kraft for Mr. Barta’s January, February, and March 1994 dues. Those dues were received and posted on April 18, 1994.
Bob Haufek, the cashier at Local Union 120, states that the delay in depositing
Mr. Barta’s withdrawal card is attributable to an error made by the local union.
Article X, Section 5(c) of the IBT Constitution states in relevant part:
[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. In such an event, the Local Union shall notify the member of his employer’s failure and payment shall be made by the member shall be made by the member within thirty (30) days of said notice in order to retain good standing status.
Mr. Barta’s employment record indicates that he had sufficient earnings in January, February, and March of 1994, from which dues could have been deducted. His check-off payments did not resume when he returned to work because the local union admittedly failed to process his request to return from withdrawal. As a result, the interruption in Mr. Barta’s good standing is attributable solely to local union error.
Accordingly, it is the determination of the Election Officer that Michael Barta is eligible to run for delegate or alternate delegate to the International convention.
Carl Hemenway
February 23, 1996
Page 1
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
Judy Kuhn, Regional Coordinator