Protest Decisions

IN RE: Dirk Slebos
Eligibility Decision 2001 EAD 120
Issued: January 31, 2001
OEA Case No. E011811ME

On January 10, 2001, Local 223 held its nomination meeting for delegate and alternate delegate elections. On January 11, 2001, Julie Fitzpatrick mailed a protest to the Election Administrator challenging the eligibility of Dirk Slebos to run for delegate to the IBT International Convention. Ms. Fitzpatrick alleges that Slebos is ineligible because Daniel Macleod, the member who seconded Slebos' nomination, is not a member in good standing.

Election Administrator representative Lisa Sonia Taylor investigated this protest.

Article II, Section 5(h) of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules") state that 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 nominations meeting.

At the Local 223 nomination meeting, Daniel Macleod seconded Dirk Slebos' nomination for delegate. Macleod's TITAN record shows that he paid his initiation fee and made his first dues payment on January 17, 2001. Therefore on January 10, 2001, the day of the nomination meeting, Macleod was not a member in good standing. In fact, on January 9, 2001, a day before the nominations meeting, a letter was sent to Macleod's employer, American Red Cross, requesting that he be terminated for failure to remit initiation fees and delinquent dues. Therefore, a member in good standing did not second Dirk Slebos.

Accordingly, the Election Administrator finds that Mr. Slebos 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

Chris Mrak, West Area Regional Director

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