Protest Decisions

IN RE: EUGENE LESCOE III
Eligibility Decision 2001 EAD 122
Issued: February 1, 2001
OEA Case No.: E012411NE

On January 14, 2001, Local 493 held its nomination meeting for delegate and alternate delegate elections. By letters dated January 19 and 24, 2001, John Sarantopoulos, candidate for delegate and the local's secretary-treasurer, filed a protest with the Election Administrator regarding the eligibility of Eugene Lescoe III to run for delegate to the IBT convention.

Election Administrator representative Lois M. Tuttle 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 nomination with no interruption in active membership due to suspensions, expulsions, withdrawals, transfers or failure to pay fines or assessments. Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules"), Article VI, Sec. 1(a)(1).

The TITAN record shows that Mr. Lescoe did not timely pay his dues for the months of January, March, May, July-August, and October 1999, as well as the month of January 2000, when he was a cash dues payer. Mr. Lescoe did not authorize his employer to make regular dues payments on his behalf by checkoff until March 3, 2000.

In a January 30, 2001 conversation with our investigator, Mr. Lescoe admitted that he had made late payments for the months in question, when he was undisputedly a cash dues payer. Thus, he admittedly failed to fulfill his obligation to timely pay his dues each month over the 24-month period of eligibility as required by Article VI, Sec. 1(a)(1) of the Rules.

Accordingly, the Election Administrator finds Mr. Lesco 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, Facsimile (202) 454-1501, 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

David F. Reilly, Northeast Area Regional Director

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