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IN RE: THOMAS BENNETT, Protestor. Thomas Bennett, a member of Local Union 200, filed a pre-election 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 an error in the nomination of Joe Fahey made it unclear whether Fahey was nominated for delegate or alternate delegate. He also alleged that Fahey is ineligible to run for delegate or alternate delegate. Election Supervisor representatives Joe Childers and Steven Newmark investigated this protest. Findings of Fact Investigation showed that Local Union 200’s nomination meeting for the delegate and alternate delegate election was conducted January 5, 2006, and that David Knac, the election coordinator retained by the local union for that purpose, presided. After some preliminaries, Knac opened the floor for nominations for delegate. When all oral and written nominations for delegate had been made, Knac closed the floor for delegate nominations. Fahey’s name was not placed in nomination for delegate during this portion of the meeting. Knac then opened the floor for nominations for alternate delegate. Fahey was nominated for alternate delegate during this portion of the meeting. The nomination was made in writing by Jim Lyons and Tim Buban and was seconded in writing by Frank Ardellini and Don Janz. Fahey accepted the nomination in writing. Thus, he signed a form titled “Candidate Acceptance of Nomination,” and the box labeled “alternate delegate” is checked. The protest alleged that it was "unclear to which position . . . Joe Fahey was nominated . . .," that is, whether Fahey was nominated for delegate or for alternate delegate. During the investigation, however, the protestor told our investigator that Fahey was nominated during the alternate delegate portion of the nominations meeting. The protest also alleged that, irrespective of the position for which he was nominated, Fahey was ineligible for nomination. Investigation showed that Fahey previously was principal officer of Local Union 912 until his term of office ended in December 2003. Unable to secure employment under the jurisdiction of that local union, Fahey moved to Wisconsin to accept employment with Local Union 200. When he left the employment of Local Union 912, TITAN records show that his dues were paid through January 2004. He commenced employment with Local Union 200 on January 26, 2004. He signed a check-off authorization on his first day of work, and TITAN records show that dues were posted to his account on January 28, 2004, satisfying his dues obligation through February 2004. The dues payment record since that time shows dues timely paid by check-off authorization. Analysis Article II, Section 5(i) states that “[n]o member may accept nomination for both a delegate and an alternate delegate position.” The evidence demonstrates that Fahey was nominated during the portion of the nominations meeting reserved for nominations for the position of alternate delegate, and that he submitted a written acceptance clearly showing he accepted nomination as an alternate delegate. It is clear "to which position . . . Joe Fahey was nominated . . . ." Accordingly, we DENY this aspect of the protest. 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.” Fahey was a member in good standing of Local Union 200 in each of the 24 months of the eligibility period. Accordingly, we DENY this aspect of the protest as well and find that Fahey is ELIGIBLE to run for alternate 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 Thomas Bennett Joe Fahey David Knac Courtney Derwinski Tim Buban, Secretary-Treasurer Joe F. Childers William Broberg Steven R. Newmark Jeffrey Ellison
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