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IN RE: ELIGIBILITY OF PHILIP RICHARDS, Sylvia Garza, president of Local Union 630, filed an eligibility protest pursuant to Article XIII, Section 2(b) of the Rules for the 2005-2006 IBT International Union Delegate and Officer Election (“Rules”). The protest alleged that Philip Richards is ineligible to run as a candidate for delegate to the 2006 Convention. Election Supervisor representative Steven R. Newmark investigated this protest. Findings of Fact: At Local 630’s nomination meeting held January 3, 2006, Philip Richards was nominated to run for delegate to the 2006 IBT Convention. Protestor Garza asserts that Richards is ineligible for such nomination for two reasons: 1) he has not maintained membership in continuous good standing, and 2) the member who seconded his nomination, Dan Diplock, was ineligible to nominate or second a candidate for delegate. TITAN records show that Richards was on withdrawal status from November 2003 through January 2004 and, further, that he failed to pay his dues timely for the months of February, October, and November 2004. Richards conceded these points to our investigator. Dan Diplock’s TITAN records show that he has not paid his December 2005 dues. Analysis: Article VI, Section 1(a) of the Rules states that “[t]o be eligible to run for any Convention delegate, alternate delegate or International Officer position, one must: (1) be a member in continuous good standing of the Local Union, with one’s dues paid to the Local union for a period of twenty-four (24) consecutive months prior to the month of nomination for said position with no interruptions in active membership due to suspensions, expulsions, withdrawals, transfers or failure to pay fines or assessments; [and] (2) be employed at the craft within the jurisdiction of the Local Union for a period of twenty-four (24) consecutive months prior to the month of nomination.” Article II, Section 5(h) further states that “[t]o be eligible for nomination, a member must be nominated and seconded by a member in good standing, each with his/her dues paid through the month prior to the nominations meeting …” As Richards’ TITAN records show untimely dues payments in several of the twenty-four months at issue, he is ineligible under Article VI of the Rules to run for delegate. Even had Richards satisfied the membership in continuous good standing requirement, his nomination would fail because it was seconded by a member who had failed to pay his dues in the month preceding the date the nomination meeting was held. Accordingly, we GRANT the protest and hold Philip Richards INELIGIBLE to run as a candidate for 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, General Counsel Sarah Riger, Staff Attorney David J. Hoffa Barbara Harvey Ken Paff Judith Brown Chomsky Stefan Ostrach Sylvia Garza, President Phillip Richards Dan Diplock Steven R. Newmark Jeffrey Ellison |
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