Protest Decisions

IN RE: THOMAS KRAJEWSKI and BENJAMIN DE LOACH
Eligibility Decision 2001 EAD 101
Issued: January 24, 2001
OEA Case No. E011512ME and E011512ME

See also Election Appeals Master decision 01 EAM 21 (KC)

On January 6, 2001, Local 623 held its nominations meeting for delegate and alternate delegate elections. On January 15, 2001, James Merrit, Secretary-Treasurer of Local 623, filed a protest with the Election Administrator challenging the eligibility of Thomas Krajewski and Benjamin De Loach. Mr. Merrit alleges that Krajewski and De Loach 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 the nomination with no interruption in active membership due to suspensions, expulsions, withdrawals, transfers or failure to pay fines or assessment. Rules, Article VI §1(a)(1).

1. Thomas Krajewski

TITAN records show that Krajewski is a member on checkoff dues. Mr. Krajewski confirmed that in February 1999, he suffered a work-related injury and was on workers' compensation for February and March 1999. He stated that there were insufficient funds for dues to be deducted for both February and March 1999 and he was not aware that it was his responsibility to pay his dues under such circumstances. Payment of dues did not resume until Krajewski went back to work. Therefore, there was an interruption in Krajewski's continuous good standing due to untimely payment of dues while on workers' compensation.

Accordingly, the Election Administrator finds Mr. Krajewski INELIGIBLE to run for delegate to the International Convention.

2. Benjamin De Loach

TITAN records show that De Loach was on withdrawal from April 1999 to June 1999. De Loach admitted that he signed a withdrawal card because he was out on workers' compensation from March 1999 until June 1999. Therefore, there was an interruption in De Loach's continuous good standing due to his voluntary withdrawal.

Accordingly, the Election Administrator finds De Loach 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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