Protest Decisions

IN RE: Manuel Ciccozzi, Raul Fletes, Charles Fuld and Robert Johnson
Eligibility Decision 2001 EAD 100
Issued: January 24, 2001
OEA Case No. E0109113WE, E0109114WE, E 0109115 and E0109116WE

See also Election Appeals Master decision 01 EAM 22 (KC)

On January 6, 2001, Local 542 held its nomination meeting for delegate and alternate delegate elections. On January 9, 2001, Don Cruickshank, a business representative of Local 542, filed a protest with the Election Administrator regarding the eligibility Manuel Ciccozzi, Raul Fletes, Charles Fuld and Robert Johnson to run for delegate to the IBT convention. On January 23, 2001, Don Cruickshank withdrew the protests against Raul Fletes and Charles Fuld. The eligibility of Manuel Ciccozzi and Robert Johnson are dealt with in this decision.

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).

1. Manuel Ciccozzi

Ciccozzi's TITAN record shows that Ciccozzi was on withdrawal between June 2000 and September 2000. Ciccozzi made no dues payments between the months of July 2000 and September 2000 and admits that he took a voluntary withdrawal. Both Ciccozzi and his employer, Crescent Truck Lines, confirmed that in June 2000 Ciccozzi went on a voluntary leave of absence that continued until September 2000. Ciccozzi's voluntary withdrawal is an interruption in his continuous good standing.

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

2. Robert Johnson

Johnson's TITAN record shows that he was on withdrawal between May 1999 and February 2000. According to Crescent Truck Lines, Johnson's employer, Johnson went on a voluntary leave of absence from his job during those months. Johnson stated that he was told to take a withdrawal card by his business agent, though he failed to provide the context of this conversation. Regardless, each union member is charged with responsibility for knowing the Rules. The Election Administrator finds that Johnson took a voluntary withdrawal. Therefore, there was an interruption in his continuous good standing.

Accordingly, the Election Administrator finds that Mr. Johnson 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, 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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