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IN RE: ELIGIBILITY OF CHARLIE GABALDON, Local 578 Jim Minisci, member and secretary-treasurer of Local Union 578, 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”). He alleged that Charlie Gabaldon is ineligible for election as delegate to the 2006 Convention under the Rules. Election Supervisor representative Christine Mrak investigated this protest. Findings of Fact: TITAN records show that Gabaldon was on dues check-off through the September 2004 dues payment, then was on withdrawal status for the month of October before returning to active status with a check-off dues payment in November 2004. Investigation showed that Gabaldon commenced medical leave in August 2004 and had sufficient vacation time banked with his employer to fund his dues obligation pursuant to check-off authorization in September. However, his vacation bank was exhausted in September. Thereafter, Gabaldon did not have earnings from the employer, either through wages or banked leave time, to fund his October dues obligation, nor did he make cash payment of dues for that month. When Gabaldon returned to work in November 2004, he resumed earning wages sufficient to fund his dues obligation, and his check-off dues are consistent since that time. Analysis Article VI, Section 1 of the Rules, provides that “to 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.” A member on dues check-off retains his good standing even if his dues were remitted late or not at all, provided he gave a check-off authorization and had sufficient earnings in the month from which dues could have been deducted. IBT Constitution, Article X, Section 5(c); Dunn, E9 (October 31, 1995); Reynozo, 2005 ESD 18 (October 25, 2005). A member on withdrawal status generally loses continuous good standing if the withdrawal occurs within the 24-month eligibility period. Wuorinen, E7 (October 6, 1995). However, if the member returns from withdrawal status in the month immediately following the month when withdrawal status commenced and the member either timely pays dues for each month in cash or has sufficient earnings in each month from which the dues could be deducted, the withdrawal status will not render the member ineligible. IBT Constitution, Article IV, Section 4(a)(1). Here, Gabaldon did not pay dues for October 2004 and lacked earnings in that month from which dues could be deducted pursuant to check-off. Further, he commenced withdrawal status in September 2004 and did not return from that status in the next month. Accordingly, we GRANT the protest and hold Gabaldon INELIGIBLE because of the failure to pay timely dues in October 2004. 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. 20007-5135, 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, Esq. Barbara Harvey Ken Paff Judith Brown Chomsky Stephen Ostrach
Jim Minisci, Secretary-Treasurer Christine M. Mrak Steven R. Newmark Jeffrey Ellison
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