March 8, 1996
VIA UPS OVERNIGHT
Michael Marcatante
March 8, 1996
Page 1
Michael Marcatante
27 W. 212 Pin Oak Court
Winfield, IL 60190
Nick Chapas
1669 Nebraska
Elk Grove Village, IL 60007
John McCormick, Trustee
Teamsters Local Union 726
300 S. Ashland Avenue, Room 301
Chicago, IL 60607
Michael Marcatante
March 8, 1996
Page 1
Re: Election Office Case No. E-114-LU726-EOH
Gentlemen:
In response to a pre-nomination request by Nicholas Chapas that his eligibility be verified, the Election Officer found Mr. Chapas eligible to run for delegate or alternate delegate to the International convention on February 14, 1996. Mr. Chapas was nominated to run for delegate at Local Union 726’s nomination meeting held on February 16, 1996. By letter received by the Election Officer on February 20, 1996, Michael Marcatante protests
Mr. Chapas’ eligibility. Mr. Marcatante alleges that Mr. Chapas has incurred dues delinquencies which would interrupt the 24 months of continuous good standing prior to nomination required by the Rules for the IBT 1995-1996 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:
Michael Marcatante
March 8, 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.
Article X, Section 5(c) of the IBT Constitution provides:
[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. Chapas has been a check-off dues payer throughout the relevant 24-month period. The TITAN system indicates that records of his payment of dues for February through December 1994, June through September 1995, and November 1995 were posted late to the system. Mr. Chapas’ employer, however, has confirmed that Mr. Chapas had sufficient earnings from which dues could have been deducted in each month for which his dues were posted late. No evidence has been presented to indicate that Mr. Chapas was ever notified that his dues payments were not being checked off in a timely manner. As a result, Mr. Chapas has maintained 24 months of continuous good standing under the Rules.
Accordingly, it is the determination of the Election Officer that Mr. Chapas 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:
Michael Marcatante
March 8, 1996
Page 1
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