Election Appeals Master Decision 2006 EAM 8 - ELIGIBILITY OF BRIDGET JENNINGS, CURTIS CUNNINGHAM, DAVID JOHNSON and JOHNNY WADE MEEKS

Office of the Election Supervisor
for the International Brotherhood of Teamsters

ELECTION APPEALS MASTER
IN RE:
ELIGIBILITY OF BRIDGET JENNINGS, CURTIS CUNNINGHAM, DAVID JOHNSON and JOHNNY WADE MEEKS, Protestors
06 Elec. App. 008 (KC)

ORDER

This matter is an appeal from the Election Supervisor’s decision 2006 ESD 69 issued February 10, 2006.
A hearing was held before me on February 14, 2006. The following persons were heard by way of teleconference: Jeffrey J. Ellison, Esq. on behalf of the Election Supervisor and David Johnson, the appellant herein.
After a comprehensive discussion between the Election Supervisor’s Appeal’s Officer and the appellant at the hearing, it is clear that Mr. Johnson lacks eligibility to run for delegate under the Election Rules because his dues check-off authorization was not in effect in January 2004 and as a consequence he lacks good standing for the full duration of the 24 month eligibility period. As developed at the hearing, it appears that the ratified collective bargaining agreement with Mr. Johnson’s employer was made retroactive only to February, 2004. Regrettably, this deprives Mr. Johnson of January, 2004 dues check-off.

Accordingly, Mr. Johnson is, under the Election Rules, indisputably ineligible to run for delegate.

The Election Supervisor’s decision is therefore affirmed.

SO ORDERED:
_/s/_________________________
Kenneth Conboy
Election Appeals Master

Dated: February 14, 2006