Protest Decisions

IN RE: John Rogers
Eligibility Decision 2001 EAD 146
Issued: February 8, 2001
OEA Case No. E020111NE

See also Election Appeals Master decision 01 EAM 33 (KC)

On January 21, 2001, Local 443 held its nomination meeting for delegate and alternate delegate elections. On February 1, 2001, Anthony S. Buonpane, secretary-treasurer of Local 443, filed a protest with the Election Administrator challenging the eligibility of John Rogers to run for alternate delegate to the IBT International Convention. Mr. Buonpane alleges that Rogers was not employed under the jurisdiction of the local for 24 consecutive months prior to the month of nomination.

Election Administrator representative Lisa Sonia Taylor investigated this protest.

Article XIII, Section 2 (b) of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules") requires pre-election protests, including those "regarding eligibility of candidates," to be filed "within two (2) working days of the day when the protestor becomes aware or reasonably should have become aware of the action protested."

Local 443 conducted its nomination meeting on January 21, 2001. This protest was filed on February 1, 2001, eleven days after the nomination meeting. Buonpane, the secretary-treasurer of Local 443, concedes that this protest was untimely. Although, he claimed that he has been involved in union elections for twenty years, Buonpane stated that he was unaware of the procedure regarding the filing of eligibility protests. Buonpane stated that he attended the nomination meeting and immediately after the meeting he raised the issue of Rogers' eligibility with Dave Lucas, chairman of the Local 443 election committee. The issue was subsequently raised with an Election Administrator representative who advised Buonpane to file a formal protest with the Election Administrator. The protestor's lack of knowledge with regard to the time limits for filing an eligibility protest does not excuse this late filing.

Our investigation revealed that Rogers transferred from Local 671 to Local 443 in June 1999. Rogers' TITAN records indicate that his dues were paid on time throughout the eligibility period even when he transferred from Local 671. Buonpane stated that Rogers lost his job because his prior employer in East Hartford went bankrupt, forcing Rogers to accept a new job in New Haven. To be eligible to run for delegate, members must maintain continuous good standing in the same local for the entire eligibility period. Kent, E36 (January 25, 1996). However, a member who has been involuntarily transferred during the eligibility period maintains continuous good standing. IBT Constitution, Article II, Section 4(d). Rogers' transfer does not render him ineligible because the circumstances behind his transfer were involuntary and Rogers maintained his membership in good standing throughout the eligibility period. See, e.g., Vasquez, E77 (February 15, 1996) (member eligible whose terminal closed, thus requiring a transfer).

Accordingly, this protest is DENIED as untimely and on the merits.

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

David Reilly, Northeast Area Regional Director

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