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IN RE: ELIGIBILITY OF ANTHONY GATSON, Local 705. Stephen Pocztowski, member and secretary-treasurer of Local Union 705, 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 Anthony Gatson is ineligible for election as delegate to the 2006 IBT Convention. Election Supervisor representatives Steven R. Newmark and Jeffrey Ellison investigated this protest. Findings of Fact: Gatson was nominated for delegate at the nominations meeting held January 14, 2006. The protest alleged that he is ineligible for that position. Gatson previously held the elected office of local union vice president. His term of office ended December 31, 2003. Upon leaving union office, Gatson returned to work with UPS, his previous employer. Gatson established to our investigator that he resumed employment with UPS in January 2004 and has worked continuously since that time. However, the local union’s dues records show that no dues were posted to Gatson’s record in the months of January, February, March and April 2004. Through his existing check-off authorization at UPS, Gatson’s dues were brought current by June 2004 and have remained so 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); aff’d, 06 EAM 05 (January 4, 2006). Gatson returned to UPS in the month immediately following expiration of his term of elected office with the local union and earned sufficient wages in that and all subsequent months to fund his monthly dues obligation. We find that Gatson did not suffer a break in continuous good standing during the 24-month eligibility period. Accordingly, we DENY the protest and find Gatson ELIGIBLE to run 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. 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
Anthony Gatson William Broberg Steven R. Newmark Jeffrey Ellison
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