Protest Decisions

IN RE: Nathan Longmire and JAMES MCDOWELL
Eligibility Decision 2001 EAD 94
Issued: January 23, 2001
OEA Case No.: E0110110WE, E011019WE

On January 6, 2001, Local 896 held its nominations meeting for delegate and alternate delegate elections. On January 10, 2001, Al Estrada, business agent for Local 896, filed a timely protest with the Election Administrator challenging the eligibility of Nathan Longmire and James McDowell to run for delegate to the IBT convention. Mr. Estrada alleges that Longmire and McDowell failed to maintain their memberships in good standing for a period of 24 consecutive months.

Election Administrator representative Lisa Sonia Taylor investigated this protest.

In order to be eligible to run for delegate or alternate delegate to the IBT International Convention, a member must be in continuous good standing with her local union, with her dues paid to the local union for a period of 24 consecutive months prior to the month of nomination with no interruption in active membership due to suspensions, expulsions, withdrawals, transfers or failure to pay fines or assessments. Rules, Article VI, §1(a)(1).

Both Longmire and McDowell pay their dues on a quarterly basis. To be in good standing for each month of the quarter, the member must pay his dues on or before the last business day of the first month of the quarter. See IBT Constitution, Article X, Section 5(d). Members failing to pay in such a manner will lose their eligibility to run for delegate. Child, E-47 (January 21, 1996).

1. Nathan Longmire

For five quarters, beginning in October 1999 and continuing through the October 2000 quarter, Longmire paid his dues in the second month of each quarter. Longmire's dues record shows that he pays cash dues. A member who pays cash dues after the last business day of the month that the payment is due is untimely in his payments and is ineligible for run for delegate. See Williams, E-15 (December 18, 1995). Therefore, there was an interruption in Longmire's continuous good standing due to untimely payment of dues.

Accordingly, the Election Administrator finds that Mr. Longmire is ineligible to run for delegate to the International Convention.

2. James McDowell

McDowell also pays cash dues on a quarterly basis. Beginning in January 1999, McDowell paid his dues in the last month of each quarter. Fines were assessed for each late payment. In February 2000, McDowell had to pay a re-initiation fee because his dues check for the October 1999 quarter was returned for insufficient funds, resulting in McDowell being placed on suspension. Therefore, there was an interruption in McDowell's continuous good standing due to untimely payment of dues and his suspension.

Accordingly, the Election Administrator finds that Mr. McDowell is ineligible to run for delegate to the International 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 Administrator in any such appeal. Requests for a hearing shall be made in writing, shall specify the basis for that appeal, and shall be served upon:

Kenneth Conboy

Election Appeals Master

Latham & Watkins

Suite 1000

885 Third Avenue

New York, New York 10022

Fax: 212-751-4864

Copies of the request for hearing must be served upon the parties listed above, as well as upon the Election Administrator for the International Brotherhood of Teamsters, c/o International Brotherhood of Teamsters, 727 15^th Street, N.W., 10^th Floor, Washington, D.C. 20005, all within the time period prescribed above. A copy of the protest must accompany the request for hearing.

William A. Wertheimer, Jr.
Election Administrator

cc: Kenneth Conboy, Election Appeals Master
Michael B. Nicholson, Michigan Area Regional Director

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