October 23, 1996
VIA UPS OVERNIGHT
Ernest Tusino
October 23, 1996
Page 1
Ernest R. Tusino
35 Union Street
Milford, MA 01757
Richard Foley, Secretary-Treasurer
Teamsters Local Union 170
805 Millbury Street
Worcester, MA 01607
Ron Carey, General President
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
John Sullivan, Associate General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
Nathaniel K. Charny
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
Ernest Tusino
October 23, 1996
Page 1
Re: Election Office Case No. P-1055-LU170-ENG
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by
Ernest R. Tusino, a member of Local Union 170. Mr. Tusino alleges that Richard Foley, secretary-treasurer of Local Union 170, has been directed by Ron Carey, IBT general president and a candidate for reelection, to take steps that will render Mr. Tusino ineligible to vote in the upcoming International officer election, in violation of the Rules.
Specifically, Mr. Tusino contends that Mr. Foley consistently refuses his dues and places him on withdrawal, even though Mr. Tusino is employed at a craft under the local union’s jurisdiction. He also asserts that Mr. Foley said that Mr. Carey told Mr. Foley to return Mr. Tusino’s dues and issue him a withdrawal card.
Ernest Tusino
October 23, 1996
Page 1
Mr. Foley responds that he felt it appropriate to issue a withdrawal card for
Mr. Tusino after the latter pays his dues each month because Mr. Tusino is a retired member receiving a pension and only works part-time. Mr. Foley contends that the issuance of the withdrawal card each month is necessary to prevent confusion about the membership status of a “retiree working at the craft.”
Adjunct Regional Coordinator Shailah Stewart investigated the protest.
The investigation revealed that Mr. Tusino is a retired member receiving pension benefits. He also works part-time for Quality Beverage, an employer under the jurisdiction of Local Union 170. Under the rules of his pension plan, an individual 64 years of age or older
who works no more than 39 hours a month may still collect retirement benefits. Mr. Foley, who is 65 years old, has been working part-time for Quality Beverage since August. In each month he has worked less than 39 hours.
This part-time work obligates Mr. Tusino to pay monthly dues. Mr. Foley does not dispute that Mr. Tusino is required to pay dues even though he receives his pension.
Mr. Foley contends instead that Mr. Tusino must be placed on withdrawal after the receipt of his monthly dues so that when he stops working, he will not be recorded as an active member incorrectly.
The investigation reveals that Mr. Tusino has fulfilled the criteria for a member in good standing since August 1996. As such, he is eligible to vote in the International officer election as long as he is an active member and eligible to vote under the Rules at the time of the count on December 10, 1996. Any local union practice of placing Mr. Tusino on withdrawal will not defeat his eligibility if he is otherwise eligible to vote under the Rules.
Ballots will be mailed by the Election Officer on November 10, 1996. If Mr. Tusino has not received a ballot by November 20, 1996, he should telephone the Election Officer at (800) 691-2221 to request one.
The investigation produced no evidence that Mr. Foley devised the local union’s policy concerning Mr. Tusino’s dues at the request or direction of Mr. Carey.
Accordingly, the protest, as it relates to Mr. Tusino’s voter eligibility, is RESOLVED, and DENIED in all other respects.
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:
Ernest Tusino
October 23, 1996
Page 1
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, 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
Shailah Stewart, Adjunct Regional Coordinator