IN RE: JOHN P. LOPEZ,
Eligibility Decision 2000 EAD 34
Issued: October 10, 2000
OEA Case No. E092801SO
On August 29, 2000, John P. Lopez, a member of Local Union 767, filed a timely eligibility verification request with our office to determine his eligibility to run as a delegate or alternate delegate in the International Convention. In accordance with his request, Lois M. Tuttle, an Election Administrator representative, began investigating his eligibility. On September 19, 2000, Ms. Tuttle contacted Mr. Lopez and informed him that, based on her investigation, she believed that the Election Administrator would find him ineligible. She told him that, even if found ineligible, he could still run in his local union's nominations meeting on October 1, 2000 although she would be sending him notice of the Election Administrator's finding.
On September 20, 2000, Ms. Tuttle sent Mr. Lopez a letter by next day mail along with a notice of my determination of his ineligibility to run as a delegate or alternate delegate. Shortly thereafter, Ms. Tuttle realized that neither the notice nor the letter provided Mr. Lopez with notice about his right to appeal my determination. To rectify this mistake, on September 25, 2000, Ms. Tuttle sent him a new letter along with a new notice informing him of my decision regarding his ineligibility to run as a delegate or alternate delegate, as well as his right to appeal this decision. This notice provided Mr. Lopez with my reasons for determining his ineligibility (see attached copy of notice). It also stated, specifically:
"You have two (2) working days from your receipt of this Notice to file your written protest of this finding with the Election Administrator. Unless you file such a protest and the Election Administrator's decision is overturned, you will not be certified as a candidate for delegate or alternate, even if you are nominated and elected."
On September 28, 2000, Mr. Lopez timely appealed my decision regarding his ineligibility to run as a delegate or alternate delegate. However, on October 2, 2000, Mr. Lopez spoke to Ms. Tuttle and told her that, in the light of the Election Administrator's decision, he had told his fellow members not to nominate him at the local union's nominations meeting on October 1, 2000. He stated that he had been confused about his ability to run as a delegate or alternate in the face of the Notice of Ineligibility.
While I sympathize with Mr. Lopez for any confusion he might have experienced, I do not believe it warranted under the circumstances. Prior to the nominations meeting, Mr. Lopez had been informed by Ms. Tuttle that, even if I determined him ineligible, he could still run as a delegate or alternate at the meeting if he wished. She also provided him with a written notice stating that the effect of my "Notice of Ineligibility" would be to decertify him if he did not protest my determination or if my decision was not overturned, even if [he] was nominated and elected. Therefore, Mr. Lopez had no reason to believe that the Notice of Ineligibility somehow precluded him from running as a delegate or alternate delegate.
Given Mr. Lopez' decision to refrain from seeking a nomination at Local Union 767's local union's nominations meeting, the Election Administrator determines his protest to be moot. For this reason, his protest is DENIED.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within two (2) working days of receipt of this decision. The parties are reminded that, absent extraordinary circumstances, no party may rely upon evidence that was not presented to the Office of the Election Administrator in any such appeal. Requests for a hearing shall be made in writing, shall specify that basis for the appear, and shall be served upon:
Kenneth Conboy
Election Appeals Master
Latham & Watkins
Suite 1000
885 Third Avenue
New York, New York 10022
Fax: 212-751-4864
Copies of the request for hearing must be served upon the parties listed below, as well as upon the Election Administrator for the International Brotherhood of Teamsters, c/o International Brotherhood of Teamsters, 25 Louisiana Avenue, N.W., Washington, D.C. 20001, all within the time period prescribed above. A copy of the protest must accompany the request for hearing.
William A. Wertheimer, Jr.
William A. Wertheimer, Jr.
Election Administrator
cc: Kenneth Conboy
Dolores C. Hall
2000EAD34
DISTRIBUTION LIST VIA UPS NEXT DAY AIR (EXCEPT WHERE OTHERWISE SPECIFIED):
Patrick Szymanski Teamsters Local Union 767
IBT General Counsel 6109 Anglin Drive
25 Louisiana Ave. NW Forest Hill, TX 76119
Washington DC 20001 Fax: (817) 429-0147
(By Interoffice Mail) (By Facsimile and U.S. Mail)
John P. Lopez
5711 Briar Crest
Garland, TX 75043
(By UPS Next Day Air)