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IN RE: ELIGIBILITY OF TYLER BUCKNER, BILL ARMSTRONG, JAMES ST. PETER,
DENNIS PHILLIPS, MIKE EVANS, MURPHY JONES, BILL WILLIAMS, and MIKE WEBB, Local
391. Claude Gray, member and secretary-treasurer of Local Union 391, 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 Tyler Buckner, Bill Armstrong, James, St. Peter, Dennis Phillips, Mike Evans, Murphy Jones, Bill Williams, and Mike Webb 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: Buckner, Armstrong, St. Peter, Phillips, Evans, Jones, Williams and Webb were nominated for delegate or alternate delegate at the nominations meeting held January 14, 2006. The protest alleged that these candidates “may be ineligible … due to the 24 consecutive month rule.” TITAN records for Buckner, Armstrong, St. Peter, Phillips, Evans, Williams, and Webb show that they paid timely dues pursuant to check-off authorizations for the entire 24-month eligibility period. TITAN records show that Jones was on withdrawal status in February 2004. However, Jones denied requesting or receiving a withdrawal card. Further, documents were produced to our investigator demonstrating that Jones had sufficient earnings that month to satisfy his dues obligation. 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.” We find that Buckner, Armstrong, St. Peter, Phillips, Evans, Jones, Williams, and Webb satisfied the requirement to maintain continuous good standing for the 24-month eligibility period preceding the nomination meeting. Accordingly, we DENY the protest in its entirety and find these candidates ELIGIBLE to run for 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. 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 Claude Gray, Secretary-Treasurer
Bill Armstrong James St. Peter Dennis Phillips Mike Evans Murphy Jones Bill Williams Mike Webb Jack Cipriani, President J. Griffin "Griff" Morgan Steven R. Newmark Jeffrey Ellison
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