Protest Decisions

IN RE: LINDA WILCHER,
Eligibility Decision 2001 EAD 132
Issued: February 5, 2001
OEA Case No.: E012611WE

See also Election Appeals Master decision 01 EAM 31 (KC)

On January 12, 2001, Linda Wilcher, a Local 572 member, filed a request for the Election Administrator's office to determine her eligibility to run as a delegate or alternate delegate. Because this request came in on a Friday before a weekend, our office lacked sufficient time to investigate or process her request before the nomination meeting on Wednesday, January 17, 2001. In accordance with office policy, an eligibility investigator contacted Ms. Wilcher to inform her of this and closed her case.

On January 17, 2001, Ms. Wilcher was nominated as a delegate on the "572 Members for a Stronger Union" slate. On January 26, 2001, she came in to her local union office to pay $64 worth of apparently unpaid dues. Later that day, Lou Ippolito, a business representative for the local, filed a protest against Linda Wilcher, claiming that she was ineligible to run as a candidate for delegate because she was three months' behind in dues as of the date of the nomination meeting.

Election Administrator representative Lois M. Tuttle 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 for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules"), Article VI, §1(a)(1).

Investigation reveals that Ms. Wilcher, a member on dues checkoff and a school bus driver for Laidlaw Transit Corp., stopped working in March 1999 because of arthritic pains in her legs. She went on workers' compensation and admits that she received no income until she returned to work in June 1999. Ms. Wilcher admits that she paid no dues on a cash basis for the months when she was out sick. She also admits that she had not attempted to make up these dues until she came in to the local on January 26, 2001 to pay her arrearage.

Under Article VI, Sec. 1(a)(1) of the Rules and Article X, Sec. 5(c) of the IBT Constitution, Ms. Wilcher clearly had an obligation to timely pay her dues for April and May 1999 on a cash basis. She has admitted, however, that she failed to fulfill this obligation.

Accordingly, we find her INELIGIBLE to run as a 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, Facsimile (202) 454-1501, 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

Christine Mrak, West Area Regional Director

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