Protest Decisions

IN RE: Gisele Sandra Bhoelai
Eligibility Decision 2001 EAD 106
Issued: January 29, 2001
OEA Case No. E011018MW

See also Election Appeals Master Decision 01 EAM 27

On January 9, 2001, Local 320 held its nomination meeting for delegate elections. On January 10, 2001, Susan E. Mauren, secretary-treasurer for Local 320, filed a timely protest with the Election Administrator regarding the eligibility of Gisele Sandra Bhoelai to run for delegate to the IBT International Convention. Ms. Mauren alleges that Bhoelai has not been a member in continuous good standing because of her failure to pay her initiation fees.

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, Section 1(a)(1).

A member who fails to pay his/her initiation fee is not in good standing and therefore ineligible to serve as delegate. Hamada, E18 (January 29, 1996). Ms. Bhoelai's TITAN record shows that she never paid her initiation fee.

Ms. Bhoelai has been a member of Local 320 since May of 1998. Bhoelai paid her initiation fee on January 15, 2001, after this protest was filed. This was after the local's December 2000 deadline to determine eligibility. Bhoelai stated that since 1998 she has attended meetings, had dues withdrawn from her paychecks and acted in a manner consistent to being a member. Bhoelai claims that at membership meetings the local provides a roster for members to sign prior to the meeting. Once the roster is signed, each member is then given a name sticker to place on their clothes, which identifies them as a member. Both the TITAN operator and the secretary-treasurer of Local 320 acknowledged that it is possible for a member who has not paid their initiation fee to attend membership meetings because his/her name would be on the roster.

Bhoelai stated that she always believed that her initiation fee had been waived when she became a member. The TITAN operator claims that Bhoelai's initiation fee was never waived and that reminder notices were sent to Bhoelai. However the local was unable to provide any evidence of a notice being sent to Bhoelai. Bhoelai stressed that she never received notices informing her that she was not considered a member until she paid her initiation fee. Bhoelai stated that she believed her initiation fee was waived because it had been waived for other members of that local. Bhoelai points to the fact that she paid her initiation fee as soon as she found out that it was owed.

The Election Administrator finds that even if Ms. Bhoelai genuinely thought that her initiation fees were waived, she did not proffer adequate reasons for this belief. There is also no evidence of affirmative statements made by local union officers to Bhoelai that would lead her to believe that her initiation fee was waived. Bhoelai's incorrect assumption was based on her misunderstanding of the agreement that established her membership. Therefore, Bhoelai was not in good standing by the end of the eligibility period because she failed to pay her initiation fee.

Accordingly, the Election Administrator finds that Ms. Bhoelai is 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

Dennis M. Sarsany, Esq., Midwest Area Regional Director

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