September 12, 1996
VIA UPS OVERNIGHT
Gerald Jagodzinski
5820 South Grant
Hinsdale, IL 60521
Joseph Bernstein, President
Teamsters Local Union 781
310 S. Ashland Avenue
Chicago, IL 60607
Re: Election Office Case No. P-150-LU781-CHI
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-96 IBT International Union Delegate and Officer Election (“Rules”) by Gerald Jagodzinski, a candidate for delegate for Local Union 781. Pursuant to Article VIII of the Rules, the protester alleges that his requests to inspect the collective bargaining agreements covering members of Local Union 781 and to obtain a list of worksites at which Local
Union 781 members are employed were wrongfully denied by Local Union 781 President Joseph L. Bernstein.
Regional Coordinator Julie E. Hamos investigated the protest.
By letter to the president of Local Union 781 dated August 25, 1995, the protester stated that he was a candidate for delegate and requested that he be permitted to inspect collective bargaining agreements and to be provided with a worksite list under Article VIII of the Rules. Local Union 781 does not dispute that the protester is a candidate for delegate and admits it refused the protester’s requests. It argues that its refusal is proper since there is a question as to the protester’s eligibility to run for delegate.[1]
Gerald Jagodzinski
September 12, 1995
Page 1
Article VIII, Section 1(a) requires a Local Union to permit a delegate candidate, alternate delegate, and each nominated or accredited International Officer candidate, upon request, to inspect and make notes from all collective bargaining agreements covering any member of the Local Union. Article VIII, Section 1(b) requires a Local Union, upon request, to provide to the same persons a current worksite list, with corresponding addresses, where any and all Local Union members work.
“Candidate” is defined by the Rules as “any member who is actively seeking nomination or election for any Convention delegate or alternate delegate position or International Officer position.” Rules, Definitions, ¶6, p. x.
The definition of “candidate” under the Rules does not require a determination by the Election Officer or Local Union on the member’s eligibility to run for delegate, alternate delegate or International Officer. Furthermore, the provision in the Rules permitting inspection of collective agreements and requiring provision of a worksite list does not condition the exercise of these rights on the eligibility of a member to run for office. Accordingly, the Election Officer will not require a member who has indicated his or her intent to seek nomination or election for Convention delegate to prove his or her eligibility prior to being afforded rights accorded such candidates by the Rules.
Accordingly, the protest is GRANTED.
When the Election Officer determines that the Rules have been violated, she “may take whatever remedial action is appropriate.” As a remedy for the violation here, Local
Union 781 President Joseph L. Bernstein is ordered to permit the protester to inspect the collective bargaining agreements covering members of Local Union 781 and to provide him with a list of worksites at which Local Union 781 members are employed within four (4) days of the date of this decision. Within two (2) days after complying with this order, President Bernstein is further ordered to provide the Election Officer with an affidavit setting forth in detail the steps Local Union 781 has taken to comply with this Decision and Order.
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.
Mudge, Rose, Guthrie, Alexander, Ferdon
180 Maiden Lane, 36th Floor
New York, NY 10038
Fax (212) 248-2655
Gerald Jagodzinski
September 12, 1995
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
Julie Hamos, Regional Coordinator
Sherman Carmell, Attorney for Local Union 781
[1]Article VII sets forth the eligibility requirements for any candidate for Convention delegate, alternate delegate or International Officer position. Essentially, these requirements are that a candidate be both a member in continuous good standing and employed at the craft within the jurisdiction of the Local Union for a period of twenty-four (24) consecutive months, and be eligible to hold office if elected.