March 18, 1996
VIA UPS OVERNIGHT
Paul Bernardi
March 18, 1996
Page 1
Paul T. Bernardi
43 Sumac Trail
Narragansett, RI 02882
Edgar Wiggin
62 Pepin Street
West Warwick, RI 02893
Stuart Mundy, Secretary-Treasurer
Teamsters Local Union 251
121 Brightridge Avenue
East Providence, RI 02914
Paul Bernardi
March 18, 1996
Page 1
Re: Election Office Case No. E-121-LU251-EOH
Gentlemen:
Edgar Wiggin was nominated to run for delegate to the International convention at Local Union 251’s nomination meeting held on February 25, 1996. By letter received by the Election Officer on February 27, 1996, Paul Bernardi protests Mr. Wiggin’s eligibility.
Mr. Bernardi alleges that Mr. Wiggin has not worked in a craft under the jurisdiction of Local Union 251 for 24 consecutive months prior to his nomination, as 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:
Paul Bernardi
March 18, 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. Wiggin was employed by Carolina Freight and worked in its terminal in Seekonk, Massachusetts. Through a valid change of operations, Carolina Freight closed the Seekonk terminal and transferred the senior workers to its terminal in Bridgewater, Massachusetts. The Bridgewater terminal is in the jurisdiction of Local
Union 653. Mr. Wiggin, who was at the top of his seniority list, went to work at the Bridgewater terminal in January 1995.
Mr. Wiggin wished to remain a member of Local Union 251, so he made an arrangement with both local unions whereby he would pay dues to Local Union 251 and pay a service fee to Local Union 653 while he worked in its jurisdiction. Mr. Wiggin states that he went to work at the new terminal instead of leaving the employer because, according to a contractual requirement, he would receive five weeks of paid vacation if he worked 25 more days for Carolina Freight.
According to Mr. Wiggin, after he worked the 25 remaining days and qualified for the vacation pay, he was unable to find work in Local Union 251’s jurisdiction. He states that, while actively seeking employment in the jurisdiction of Local Union 251, he remained in his position with Carolina Freight under the jurisdiction of Local Union 653.
Article VII, Section 2(b) of the Rules states:
The active employment at the craft requirement may be excused by unemployment if, for the period of unemployment, the member was actively seeking and available for employment in the craft and not working outside the craft during such period of unemployment, or by active pursuit of an unresolved grievance or other legal action challenging suspension or discharge.
The Election Officer has previously determined that temporary or part-time work outside the jurisdiction of the local union by a member actively seeking and available for employment within the jurisdiction of the local does not constitute “working outside the craft.” See Funk,
E-086-LU104-EOH (February 20, 1996), aff’d, 96 - Elec. App. - 107 (KC) (February 28, 1996). This distinction only applies, however, if the member is actively seeking employment while working outside the local union’s jurisdiction.
Paul Bernardi
March 18, 1996
Page 1
By his own admission, Mr. Wiggin was not actively seeking or available for employment under the jurisdiction of Local Union 251 for the first 25 days he worked at the Bridgewater terminal. He transferred to Bridgewater specifically to complete the requisite employment period required to receive the vacation he desired. During that period, he did not search for employment under Local Union 251, nor would he have accepted such employment were it offered him because it would have interfered with his stated objective. The fact that he began to search for such employment after he achieved his goal has no bearing on the fact that he did not do so before he achieved his goal.
As a result, Mr. Wiggin worked outside of the craft for nearly the entire month of January 1995. Because of this, he cannot invoke the protection of Article VII, Section 2(b) of the Rules.
Accordingly, it is the determination of the Election Officer that Mr. Wiggin is not 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:
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 N. Capitol Street, Suite 855, Washington, DC 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
Warren Pyle, Regional Coordinator