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IN RE: ELIGIBILITY OF ROBERT KELLER and CHRIS O’DONNELL, Local 384 Mark Capper, a member of Local Union 384, 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 Robert Keller and Chris O’Donnell are ineligible for election as delegate to the 2006 IBT Convention under the Rules. Election Supervisor representative Steven R. Newmark investigated this protest. Findings of Fact At the nomination meeting held January 22, 2006, Keller and O’Donnell were nominated for delegate. The protest alleges they are ineligible for these positions because of alleged internal union misconduct. Specifically, the protest alleges that Keller faces charges of “retaliating against a rival candidate” in a local union executive board election; O’Donnell is accused of “misuse of Union funds in connection with buying his wife’s meals with the Local’s credit card(s).” No decision has been made in the union’s internal judicial process on these charges. The TITAN records of Keller and O’Donnell show timely payment of monthly dues for each of the 24 months of the eligibility period. 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 will lose continuous good standing if he is suspended from membership during the eligibility period. Giacumbo, E85 (February 14, 1996), aff’d, 96 EAM 110 (March 1, 1996). Although internal union charges are pending against Keller and O’Donnell, neither has been found to have committed misconduct; more importantly, neither has been suspended from membership. Accordingly, we DENY the protest and find Keller and O’Donnell ELIGIBLE to run for delegate to the 2006 IBT convention. 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 Robert Keller, President Chris O’Donnell Mark Capper William B. "Bill" Kane Steven R. Newmark Jeffrey Ellison
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