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IN RE: ELIGIBILITY OF GILBERT ALVAREZ 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 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 cc: Kenneth Conboy DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):
Bradley T. Raymond David J. Hoffa, Esq. Barbara Harvey Ken Paff James Long Gilbert Alvarez Steven R. Newmark |
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