Protest Decisions

IN RE: DAVID VALENZUELA,
Eligibility Decision 2001 EAD 89
Issued: January 22, 2001
OEA Case No. E010711CA

On December 26, 2000, David Valenzuela, a member of Local Union 396, filed a request with this office to verify his eligibility. In his written request, Mr. Valenzuela stated, "I had knee surgery on May 17^th 1999. [T]hat's why I took a withdrawal card from Union # 396. I return[ed] to work on Sept 7^th 1999."

Mr. Valenzuela's TITAN record confirmed that he had taken a voluntary withdrawal for the period between May 1999 and September 1999, and that he had accordingly paid no dues for the months June 1999 through August 1999.

On January 5, 2001, this office sent Mr. Valenzuela a "Notice of Ineligibility" which informed him that we had determined him ineligible based on his voluntary withdrawal and nonpayment of dues during the above-mentioned months. On January 7, 2001, Mr. Valenzuela ran for the position of delegate at his local's nomination meeting and timely appealed our decision, stating that he felt this decision to be unfair given his long membership in the Teamsters union and the fact that he was "only four months short" in paying his dues over the 24-month period.

Under Article VI, Sec. 1(a)(1) of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election, a candidate for delegate or alternate delegate is required to be a member in continuous good standing of the Local Union, with his or her dues paid to the Local Union for a full twenty-four month consecutive period and with no interruptions in active membership due to suspensions, expulsions, withdrawals, transfers or failure to pay fines or assessments. A member who voluntarily takes a withdrawal within the twenty-four month period may not be eligible to run as a delegate or alternate delegate except in one very limited circumstance outlined in Article II, Sec. 4(a)(1) of the IBT Constition. This provision states:

Provided, however, that if a member on withdrawal deposits his card in the month immediately following the month for which it was effective and pays his dues for both months in a timely manner as provided in Article X, Section 5(c), such period of withdrawal shall not be considered a break in continuous good standing in the Local Union.

Mr. Valenzuela's case clearly does not fit the exception as he did not deposit his withdrawal card in the month immediately following the month for which it was effective, and he did not pay his dues for both months in a timely manner. Therefore, we UPHOLD our earlier decision and find Mr. Valenzuela INELIGIBLE to run as a delegate.

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 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 Administrator, 727 Fifteenth Street, N.W., 10^th Floor, Washington, DC 20005, Facsimile (202) 454-1501. A copy of the protest must accompany the request for a hearing.

William A. Wertheimer, Jr.

William A. Wertheimer, Jr.

Election Administrator

cc: Kenneth Conboy, Election Appeals Master

Christine M. Mrak, West Area Regional Director

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