Protest Decisions

IN RE: JOHN BELL
Eligibility Decision 2001 EAD 164
Issued: February 14, 2001
OEA Case No. E013017MI

On January 28, 2001, Local 243 held its nomination meeting for delegate elections. On January 30, 2001, Gregory J. Lowran, secretary-treasurer for Local 243, filed a timely protest with the Election Administrator regarding the eligibility of John Bell to run for delegate to the IBT International Convention. Mr. Lowran alleges that John Bell has not been a member in continuous good standing because he requested and obtained a withdrawal card in the year 2000.

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 his local union, with his 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 for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules"),Article VI, Section 1(a) (1). A member who voluntarily takes a withdrawal within the twenty-four month period may not be eligible to run as a delegate or alternate delegate except in one very limited circumstance outlined in Article II, Sec. 4(a)(1) of the IBT Constition. This provision states:

Provided, however, that if a member on withdrawal deposits his card in the month immediately following the month for which it was effective and pays his dues for both months in a timely manner as provided in Article X, Section 5(c), such period of withdrawal shall not be considered a break in continuous good standing in the Local Union.

John Bell admits to voluntarily taking a withdrawal card on March 17, 2000, to retroactively cover a period beginning December 1999. He admits that he did not deposit his withdrawal card until June 27, 2000. As a result of his voluntary withdrawal, Mr. Bell was refunded one month's worth of dues (for January 2000), and placed on withdrawal status for the period December 1999 through June 2000. He did not pay any dues for the months January through May 2000.

Mr. Bell clearly does not fit the one exception that would allow a member who voluntarily takes a withdrawal within the applicable twenty-four month period to be eligible to run as a delegate or alternate delegate. He also did not pay any dues for five months within the applicable twenty-four month period.

Therefore, Mr. Bell 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, 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

Michael B. Nicholson, Michigan Area Regional Director

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