March 12, 1996
VIA UPS OVERNIGHT
John M. Bellis
March 12, 1996
Page 1
John M. Bellis
9 Kimball Street #4
Belleville, NJ 07109
Bernie Milazzo
257 Church Street
Lodi, NJ 07644
John Schepis
39 New England Drive
Lake Hiawatha, NJ 07034
Joseph Padellaro, Trustee
Teamsters Local Union 125
1 Cardinal Drive
Little Falls, NJ 07424
John M. Bellis
March 12, 1996
Page 1
Re: Election Office Case No. E-117-LU125-EOH
Gentlemen:
John Schepis and Bernard Milazzo were nominated to run for delegate to the International convention at Local Union 125’s nomination meeting held on February 20, 1996. By letter received by the Election Officer on February 22, 1996, John M. Bellis protests the eligibility of Messrs. Schepis and Milazzo. Mr. Bellis contends that the candidates should be declared ineligible because they are former members of the local union’s executive board, which was “found to have engaged in corrupt activities.”
Specifically, Mr. Bellis refers to a finding by General President Ron Carey that “members of [Local Union 125’s] Executive Board have failed to meet their fiduciary obligation to the members of Local 125, have engaged in corrupt practices and have failed to carry out the legitimate objects of the Local.” (Notice from the General President to the Members of Local Union 125, March 23, 1994).
Article VII, Section 1(a) of the Rules for the IBT 1995-1996 International Union Delegate and Officer Election (“Rules”) provides:
John M. Bellis
March 12, 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.
The protester provided no evidence that the conduct he alleges caused a break in the 24 months of good standing for either candidate required by the Rules. Neither candidate is mentioned in the notice sent by Mr. Carey to the members of Local Union 125. In addition, the current trustee of Local Union 125 has provided information to the Election Officer that Messrs. Schepis and Milazzo were found to be “not culpable” for the actions and practices censured by Mr. Carey. Neither candidate has been suspended from union membership during the relevant 24 months. As a result, the protesters allegations are without merit.
Accordingly, it is the determination of the Election Officer that Messrs. Schepis and Milazzo are eligible to run for delegate or alternate delegate to the International Constitution.
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
John M. Bellis
March 12, 1996
Page 1
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
Peter V. Marks, Sr., Regional Coordinator