Protest Decisions

IN RE: Anthony Campillo, Milton Esquivel and Walter Holland
Eligibility Decision 2001 EAD 97
Issued: January 24, 2001
OEA Case No. E010815WE, E010816WE and E010817WE

On January 6, 2001, Local 630 held its nomination meeting for delegate and alternate delegate elections. On January 8, 2001, Kurt Larsen, president of Local 630, filed a protest with the Election Administrator regarding the eligibility of Anthony Campillo, Milton Esquivel and Walter Holland to run for delegate to the IBT International Convention.

Election Administrator representative Lisa Sonia Taylor investigated this protest.

In order to be eligible to run for delegate or alternate delegate to the IBT International, a member must be in continuous good standing with her local union, with her dues paid to the local union for a period of 24 consecutive months prior to the month of the nomination with no interruption in active membership due to suspensions, expulsions, withdrawals, transfers or failure to pay fines or assessment. Rules, Article VI §1(a)(1).

1. Anthony Campillo

Larsen claims that Campillo failed to maintain his membership in good standing for the 24 months prior to the nomination meeting. Campillo's TITAN records show that Campillo pays cash dues. In January and February 1999 and February 2000 Campillo was late in remitting his dues. A remittance of cash dues after the last business day of the month is untimely and will render the member not in good standing for that month. Williams, E15 (December18, 1995). Campillo stated that he was aware of the late payments and did not have an excuse as to why they were late. Therefore there was an interruption in Campillo's continuous good standing.

Accordingly the Election Administrator finds that Mr. Campillo is ineligible to run for delegate to the International Convention.

2. Milton Esquivel

Larsen claims that Esquivel voluntarily requested a withdrawal card in July 2000. Although Esquivel denies taking a voluntary withdrawal, the TITAN operator for Local 630 submitted a withdrawal card that was completed on October 18, 2000. The card appears to be in Esquivel's handwriting. The TITAN operator also stated that Esquivel requested that his July dues payment be applied to August 2000. As a result Esquivel's July dues remain unpaid.

A member generally loses good standing if he/she voluntarily goes on withdrawal within the 24-month eligibility. See Wuorinen, E7 (October 6, 1995). The Election Administrator credits the TITAN operator's submission showing that Esquivel took a voluntary withdrawal. Because Esquivel went on voluntary withdrawal and his dues for July 2000 remain unpaid, the Election Administrator finds that there has been an interruption in his continuous good standing.

Accordingly, the Election Administrator finds Esquivel INELIGIBLE to run for delegate to the International Convention.

3. Walter Holland

Larsen claims that Holland has only been a member of Local 630 for 18 months and could not be in continuous good standing for 24 consecutive months. The TITAN operator stated that Holland was hired on January 11, 1999. Holland's check-off authorization was submitted to show that he completed the authorization on that day. Holland's dues record shows that his initiation fee was paid in March 1999. Holland has failed to respond to our requests for information. The Election Administrator finds that Holland became a member of Local 630 in January 1999 and did not complete his probationary period until March of 1999. Holland has not been in continuous good standing for 24 consecutive months.

Accordingly, the Election Administrator finds Holland INELIGIBLE to run for delegate to the International Convention.

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 the basis for that appeal, 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 above, as well as upon the Election Administrator for the International Brotherhood of Teamsters, 727 15^th Street, N.W., 10^th Floor, Washington, D.C. 20005, all within the time period prescribed above. A copy of the protest must accompany the request for hearing.

William A. Wertheimer, Jr.

Election Administrator

cc: Kenneth Conboy, Election Appeals Master

Michael B. Nicholson, Michigan Area Regional Director

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