February 22, 1996
VIA UPS OVERNIGHT
Kathy Haynes
February 22, 1996
Page 1
Kathy Haynes
22354 Donnelly
Wyandotte, MI 48192
Greg Hunter
19787 Houghton
Detroit, MI 48219
Rita Leapheart
15144 Piedmont
Detroit, MI 48223
George Evans
15486 Auburn
Detroit, MI 48223
Shirley Wallace
13973 Medora
Detroit, MI 48238
Kathy Haynes
February 22, 1996
Page 1
Re: Election Office Case No. E-089-LU283-EOH
Gentlepersons:
Local Union 283’s nominations meeting was held February 4, 1996. At the meeting, Rita Leapheart nominated Gregory Hunter to run for delegate to the International convention. George Evans seconded Mr. Hunter’s nomination. At the same meeting, Shirley Wallace was nominated to run for alternate delegate. By letter received by the Election Officer on
February 7, 1996, Kathy Haynes protests the eligibility of Mr. Hunter and Ms. Wallace to run for delegate and alternate delegate, respectively, and the eligibility of Ms. Leapheart and
Mr. Evans to nominate and to second a nomination respectively. Ms. Haynes provides no specific allegations in her protest.
Mr. Hunter replies that the protest is untimely.
Article VII, Section 1(a) of the Rules for the IBT 1995-1996 International Union Delegate and Officer Election (“Rules”) provides:
Kathy Haynes
February 22, 1996
Page 1
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;
(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.
Timeliness
Mr. Hunter argues that since Ms. Haynes’ protest was stamped as received on February 8, 1996 by Election Office staff it did not arrive within the two-working-day limit required by Article XII, Section 2(b) of the Rules. The investigation revealed, however, that Ms. Haynes’ protest arrived at the Election Office on February 7 after business hours. The protest was not stamped as received until the following day. The Rules require a protest to be submitted within two working days after the event giving rise to the protest occurs. As a result, the Election Officer finds Ms. Haynes’ protest is timely.
Eligibility of Rita Leapheart and George Evans as Nominators
In order to be eligible to nominate or to second a nomination, a member must be in good standing at the time of the nomination. Rules, Article II, Section 5(a). An examination of the TITAN record indicates that Ms. Leapheart and Mr. Evans were in good standing at the time of the nomination meeting. The protester made no specific allegation concerning any other factor bearing on their eligibility.
Accordingly, it is the determination of the Election Officer that Ms. Leapheart was eligible to nominate and Mr. Evans was eligible to second the nomination of Mr. Hunter to run for delegate to the International convention.
Eligibility of Gregory Hunter as a Candidate
Kathy Haynes
February 22, 1996
Page 1
The investigation disclosed that Mr. Hunter failed to pay his dues in January and February 1995. For the relevant period under review, Mr. Hunter was a steward employed at Marathon Oil (“Marathon”) and was a checkoff-dues payer. Mr. Hunter and his co-workers went on strike on November 14, 1994 and did not return to work until March 6, 1995. During that time, Marathon did not check off Mr. Hunter’s dues because he had no regular earnings. As a result, no dues were posted to the local union for November or December 1994 and for January, February, and March 1995. Mr. Hunter had earnings in November 1994 for the portion of the month in which he worked and from vacation pay in December 1994 and in March 1995. These payments constituted sufficient earnings from which dues could have been deducted.
Mr. Hunter, however, had no such income in January or February 1995. These dues were eventually checked off from Mr. Hunter’s earnings after he returned from the strike, in April and May 1995, respectively. During the strike, Mr. Hunter received no strike benefits from the IBT or Local Union 283.
While the International constitution does provide for the payment of dues from strike benefits (Article XII, Section 14(a)), their is no provision for the payment of dues if strike benefits are not paid. Indeed, the general secretary-treasurer states in a letter to the president of Local Union 283 that it is the obligation of the member to remit dues if he or she receives no strike benefits.
The Election Officer is mindful of the hardships that can result on members who endure prolonged periods of unemployment due to strike. However, members on strike who wish to maintain their eligibility to run for delegate must pay their dues in a timely fashion in the same manner that members incapacitated by illness or injury must continue the timely payment of dues to remain eligible. See Coleman, E-162-LU710-CHI (January 9, 1991), aff’d, 91 - Elec. App. - 39 (January 17, 1991). 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.
As a result, Mr. Hunter failed to maintain 24 consecutive months of good standing with regards to his dues payments prior to his nomination. Accordingly, it is the determination of the Election Officer that Mr. Hunter is not eligible to run for delegate to the International convention.
Eligibility of Shirley Wallace as a Candidate
According to the investigation, Ms. Wallace, who is a checkoff-dues payer employed at Becker Manufacturing (“Becker”), was out of work on medical leave from May 5 to August 8, 1994. As a result of her leave, Ms. Wallace had no income from which earnings could be deducted in June or July 1994. During that period, Ms. Wallace received short-term disability pay, a compensation benefit paid to her by a party other than her employer. According to a representative of Becker, employees receiving short-term disability pay do not receive vacation or sick time payments.
The TITAN record reflects that Ms. Wallace’s delinquent dues were checked off after she returned to work. She did not pay her dues in cash during her medical leave. As a result, Ms. Wallace’s June and July 1994 dues payments were late. Ms. Wallace, therefore has not maintained 24 months of continuous good standing, as required by the Rules.
Kathy Haynes
February 22, 1996
Page 1
For the reasons stated above concerning Mr. Hunter, members who wish to remain eligible to run for delegate or International office must make timely dues payments even if they are not working due to illness, injury, or strike. For member out of work for medical reasons who do not wish to maintain their eligibility, the withdrawal card provisions of the IBT Constitution exist to provide the member with a method of easing his or her dues burden. Yet for those who wish to run for delegate or alternate delegate, the Rules require 24 consecutive months of timely dues payments prior to a candidate’s nomination.
Accordingly, it is the determination of the Election Officer that Ms. Wallace is not eligible to run for 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 & 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
William A. Wertheimer, Jr., Regional Coordinator