Election Appeals Master Decision 2006 EAM 10 - ELIGIBILITY OF MICHAEL MATTIA, MICHAEL IAONNE, RONALD BROWN, FLOYD DYE, JOHN MOLZ, KABIR ASSKARYAR, LOCAL 639

Office of the Election Supervisor
for the International Brotherhood of Teamsters

ELECTION APPEALS MASTER
IN RE:
ELIGIBILITY OF MICHAEL MATTIA, MICHAEL IAONNE, RONALD BROWN, FLOYD DYE, JOHN MOLZ, KABIR ASSKARYAR, LOCAL 639, Protestors
06 Elec. App. 010 (KC)

ORDER

This matter is an appeal from the Election Supervisor’s decision 2006 ESD 64 issued February 1, 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, Arden D’Amico, Treasurer of Team 639 Slate, and Michael Mattia the appellant herein.

The Election Supervisor has disqualified Mr. Mattia on the ground that he had not paid dues on a timely basis for the month of December, 2005 thereby causing him to lack the crucial qualification for candidacy, i.e. dues paying status for 24 continuous months.
It seems clear that while on medical leave in December 2005 he received no compensation of any kind from his employer. Mr. Mattia insists that he is entitled to holiday pay for Christmas 2005. However, the Election Supervisor points out that on the date of the nomination meeting, January 22, 2006 he was not entitled to holiday pay for Christmas because, according to George Wilson of the company for which Mr. Mattia works, holiday pay for an employee on medical leave is not earned until the employee returns to work. It is undisputed that Mr. Mattia did not return to work until after the nominating meeting.

Accordingly, Mr. Mattia is ineligible to run for delegate and the Election Supervisor’s decision is affirmed.

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

Dated: February 14, 2006