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IN RE: ELIGIBILITY OF WILLIE CARTER, Local 355 David White, a member of Local Union 355, 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 Willie Carter is ineligible for election as alternate 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 on February 5, 2006, Carter was nominated for alternate delegate. The protest alleged that Carter is ineligible for this position because he fails to satisfy the 24-month continuous good standing requirement. TITAN records show that Carter went on withdrawal status in June 2004 and that he retired in October 2004. His last dues payment was made by cash on June 15, 2004, which paid him through May 2004. Carter conceded to our investigator that he knew he was not eligible for nomination because he has retired and not paid his dues. 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.” Carter fails the eligibility test on both counts: he has not paid dues and, because of his retirement, has not worked at the craft for the duration of the 24-month eligibility period. Accordingly we GRANT the protest and find Carter INELIGIBLE to run for delegate or 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 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 David White Willie Carter J. Griffin "Griff" Morgan Steven R. Newmark Jeffrey Ellison
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