Protest Decisions

IN RE: Ivan Skerbinek
Eligibility Decision 2001 EAD 109
Issued: January 29, 2001
OEA Case No. E011213CA

On January 10, 2001, Local 31 held its nomination meeting for delegate and alternate delegate elections. On January 12, 2001, Kathy Peters, business agent for Local 31, and Garnet Zimmerman, President for Local 31, filed a timely protest with the Election Administrator challenging the eligibility of Ivan Skerbinek to run for delegate to the IBT convention. Ms. Peters and Mr. Zimmerman allege that Skerbinek is barred from holding any office in Local 31.

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, 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, Section 1(a)(1).

On August 15, 1994, Local 31 Executive Board issued a decision regarding charges against Ivan Skerbenik. In this decision Skerbenik was found to have fostered secession. Skerbenik was fined a total of $2,500 as well as permanently barred from holding any office in Local 31. Skerbenik appealed this decision to Joint Council 36 and then to the General Executive Board. Both panels upheld the decision of the Local 31 Executive Board on April 11, 1995 and July 10 1995, respectively.

Delegates and alternate delegates "hold office" within the meaning of Article VI, Section 1(a)(3) of the Rules. See also Griffith, E 35 (January 26, 1996). Skerbenik is therefore seeking to hold office in Local 31 by running for delegate. The terms of the Local 31 Executive Board decision bar him from holding such office. In order to be eligible to run for delegate or alternate delegate to the IBT International Convention, a member must be eligible to hold office if elected. Rules, Article VI, Section 1(a)(3). Skerbenik would not be eligible to hold office if elected.

Accordingly, the Election Administrator finds Mr. Skerbenik 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

Gwen Randall, Canada Area Regional Director

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