March 18, 1996
VIA UPS OVERNIGHT
Douglas L. Schmidt
8090 E. 400, N.
Brownsburg, IN 46112
Members for Fair and Honest
Representation Slate
c/o David Stewart
10815 Bakeway Drive
Indianapolis, IN 46231
Re: Election Office Case No. E-127-LU-135-EOH
Gentlemen:
Local Union 135’s nomination meeting was held on March 2, 1996. By letter received by the Election Officer on March 7, 1996, Douglas L. Schmidt has protested the eligibility of David Stewart to run for delegate to the International convention.
Mr. Schmidt contends that Mr. Stewart is not eligible to be a candidate because he has not been a member in continuous good standing for a period of 24 consecutive months prior to the month of the nomination meeting. Specifically, he alleges that on four occasions during the past 24 months, Mr. Stewart has failed to pay his dues by the last day of the month, 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 that to be eligible to run for any Convention delegate, alternate delegate or International officer position, one must:
Douglas Schmidt
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.
In addition, Article X, Section 5(c) of the IBT Constitution states, in pertinent part:
Payment of such dues after their due date shall not restore good standing status for such month or months in computing the continuous good standing required by Article II, Section 4 of this Constitution as a condition of eligibility for office.
Mr. Stewart is a cash-dues payer. The TITAN record of Mr. Stewart reflects untimely dues payments for March, July, October, November and December 1994; for February, May and October 1995; and for January 1996.
The investigation reveals that Mr. Stewart is aware that a number of his dues payments were not paid on time. He asserts, however, that he was unaware that dues arrearages would affect his eligibility to run for delegate to the International convention.
Copies of the Rules and the IBT Constitution are readily available to members of all local unions. For that reason, each member is responsibile for being aware of the eligibility requirements to participate in the nomination process. Further, a member may verify his or her eligibility prior to the nomination meeting by submitting a written request to the Election Officer. In any event, Mr. Stewart’s lack of knowledge as to the eligibility requirements does not excuse his clear ineligibility.
Accordingly, it is the determination of the Election Officer that Mr. Stewart 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
Douglas Schmidt
March 18, 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 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
Bruce Boyens, Regional Coordinator