IN RE: ELIGIBILITY OF GILBERT ALVAREZ
Protest Decision 2005 ESD 7
Issued: August 30, 2005
OES Case No. E-05-001-081805-HQ
James Long, principal officer of Local Union 948, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2005-2006 IBT International Union Delegate and Officer Election ("Rules"). He alleges that Gilbert Alvarez is not eligible to run for delegate to the 2006 IBT Convention because he has not been a member in continuous good standing for twenty-four (24) consecutive months.
Election Supervisor representative Steven R. Newmark investigated this protest.
Findings of Fact and Analysis
Alvarez was nominated for delegate at the local's nomination meeting held August 16, 2005. According to TITAN records, Alvarez became a member of the IBT and the local in January of 2004, less than 24 months ago. Alvarez concedes this point.
The Rules require that persons nominated for delegate or alternate delegate to the IBT Convention be members in continuous good standing 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. Article VI, Section 1(a)(1). This same requirement is repeated in the IBT Constitution at Article II, Section 4(a)(1) and Article III, Section 5(c). No exception permits Alvarez to avoid this requirement. See, generally, Eligibility of Straughter, 2001 EAD 103, aff'd 01 EAM 23.
Accordingly, we GRANT the protest and find Alvarez INELIGIBLE to run for the position of delegate or alternate delegate.
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 Supervisor in any such appeal. Requests for a hearing shall be made in writing, shall specify the basis for the 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, as well as upon the Election Supervisor for the International Brotherhood of Teamsters, 1725 K Street, N.W., Suite 1400 Washington, D.C. 20006, all within the time prescribed above. A copy of the protest must accompany the request for hearing.
Richard W. Mark
Election Supervisor
cc: Kenneth Conboy
2005 ESD 7
DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):
Patrick J. Szymanski
General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, D.C. 20001
pszymanski@teamster.org
Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
braymond@fwslaw.com
David J. Hoffa, Esq.
Hoffa 2006
30300 Northwestern Highway, Suite 324
Farmington Hills, MI 48834
Email: David@hoffapllc.com
Barbara Harvey
645 Griswold Street
Suite 3060
Detroit, MI 48226
barbaraharvey@comcast.net
Ken Paff
Teamsters for a Democratic Union
P.O. Box 10128
Detroit, MI 48210
ken@tdu.org
James Long
Secretary-Treasurer
Teamsters Local 948
1222 I Street
Modesto, CA 95345
Via Overnight UPS
Gilbert Alvarez
302 South Ventura
Farmersville, CA 93223
Via Overnight UPS
Steven R. Newmark
Office of the Election Supervisor
1725 K Street, N.W., Suite 1400
Washington, D.C. 20006
snewmark@ibtvote.org