Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: ELIGIBILITY OF                          )           Protest Decision 2016 ESD 91

            ROB HARPER,                                )           Issued: January 28, 2016

                                                                        )           OES Case No. E-124-012516-FW

            Local Union 399.                               )                      

____________________________________)

            Steve Dayan, member of Local Union 399, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2015-2016 IBT International Union Delegate and Officer Election (“Rules”).  The protest alleged that Rob Harper is ineligible for nomination as delegate to the IBT convention for alleged failure to maintain 24 consecutive months of good standing.  

            Before the protest was acknowledged as received by the Office of the Election Supervisor, Harper acknowledged in writing to Election Supervisor representative Michael Miller that he as a cash dues payer had been late with his dues on at least one occasion during the 24-month eligibility period and therefore could not satisfy the eligibility standards applicable to his nomination for delegate.  Accordingly, he withdrew his acceptance of nomination in writing.

            As Harper is no longer a candidate for delegate and cannot appear on the ballot in Local Union 399’s delegates and alternate delegates election, we DISMISS this protest as MOOT.

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:

Kathleen A. Roberts

Election Appeals Master

JAMS

620 Eighth Avenue, 34^th floor

New York, NY 10018

kroberts@jamsadr.com

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, 1050 17^th Street, N.W., Suite 375, Washington, D.C. 20036, all within the time prescribed above.  A copy of the protest must accompany the request for hearing.

                                                                        Richard W. Mark

                                                                        Election Supervisor

cc:        Kathleen A. Roberts

            2016 ESD 91 

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