Protest Decisions

IN RE: ROBERT GOINS
Eligibility Decision 2001 EAD 107
Issued: January 29, 2001
OEA Case No. E011211WE

See also Election Appeals Master decision 01 EAM 25 (KC)

On January 11, 2001, Local 166 held its nomination meeting for delegate and alternate delegate elections. On January 12, 2001, Mike Bergen, secretary-treasurer for Local 166, filed a timely protest with the Election Administrator regarding the eligibility of Robert Goins to run for delegate to the IBT International Convention. Mr. Bergen alleges that Goins failed to pay his dues in a timely manner and therefore 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, Section 1(a)(1).

Mr. Bergen claims that Robert Goins is a cash-dues paying member and in July 1999 Goins was late in his payments and was consequently charged a $3 fine. Goins' TITAN record confirms that he pays cash dues on a quarterly basis. The IBT Constitution permits payment of dues on a quarterly basis if the member pays for each quarter on or before the last business day of the first month of the quarter. Article X, Section 5(d).

Goins' TITAN record shows that his payment for July, August and September 1999 was posted on August 24, 1999. The TITAN operator for Local 166 submitted a copy of the local's collection sheet log for August 24, 1999. The log shows a check for $100 received from Mr. Goins on August 24, 1999.

Goins claims that he sent a $100 check to the local for his July, August and September dues in July 1999. Goins claims that the check was cashed by July 15, 1999. Goins submitted his July 1999 bank statement. The statement shows three checks for $100 each being posted on July 15, 1999. However, Goins was unable to submit a copy of the check, therefore the Election Administrator was unable to determine whether any of the checks on the statement represent Goins' dues payment. The local's TITAN operator submitted copies of receipts from July 1, 1999 to July 20, 1999. The receipts were in sequential order and showed that no receipt was sent to Goins during this period. The TITAN operator also submitted copies of the receipts that were generated on August 24, 1999 for the $100 payment. The Election Administrator finds that the log and receipts submitted by the local prove that Goins' payment was received in August and not July and was therefore untimely.

Accordingly, the Election Administrator finds that Mr. Goins 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

Christine Mrak, Esq., West Area Regional Director

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