Protest Decisions

IN RE: DOYLE ROOKS and TERRY GULLEY
Eligibility Decision 2001 EAD 102
Issued: January 24, 2001
OEA Case No. E010819WE and E0108110WE

On January 6, 2001, Local 63 held its nominations meeting for delegate and alternate delegate elections. On January 8, 2001, Bob Doss filed a timely protest with the Election Administrator challenging the eligibility of Doyle Rooks and Terry Gulley to run for delegate to the IBT International Convention. Mr. Doss alleges that Rooks is ineligible because the person who seconded his nomination, Arthur Gomez, is not a member in good standing. Mr. Doss also alleges that Gulley failed to maintain his membership in good standing for a period of 24 consecutive months.

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 Convention, 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).

To be eligible for nomination, a member must be nominated and seconded by a member in good standing with her dues paid through the month prior to the nomination meeting. Rules, Article II, §5(h).

1. Doyle Rooks

Arthur Gomez seconded Doyle Rooks' nomination. Gomez's TITAN records show that at the time of the nomination meeting, Gomez was suspended in January 2001 for failing to pay dues for October through December 2000. Gomez was charged a re-initiation fee of $100. On January 2, 2001, Gomez paid $60 towards the re-initiation fee. However, the month prior to the nomination meeting Gomez was not in good standing. Consequently, Rooks' nomination was not valid because he was seconded by a member who was not in good standing.

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

2. Terry Gulley

Mr. Gulley's TITAN records show that he failed to pay timely dues for January, February, March, June, and October 1999. He was suspended from membership in July 1999 for failure to pay dues in a timely manner. Therefore, there was an interruption in Gulley's continuous good standing due to untimely payment of dues and his suspension.

Accordingly, the Election Administrator finds Gulley 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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