Protest Decisions

IN RE: DAVID JUSINO, JACK MANDARO, KEVIN SULLIVAN, DAVID MCCLURE and DANNY WALSH,
Eligibility Decision 2001 EAD 134
Issued: February 6, 2001
OEA Case No. E012613AT, E012614AT, E012615AT, E012616AT, E012617AT

On January 20, 2001, Local 95 held its nomination meeting for delegate and alternate delegate elections. On January 26, 2001, Robert Barlow, member of Local 95, filed a protest with the Election Administrator challenging the eligibility of David Jusino, Jack Mandaro, Kevin Sullivan and David McClure to run for delegate and the eligibility of Danny Walsh to run for alternate delegate to the IBT International Convention. Mr. Barlow alleges that each candidate failed to maintain his membership in good standing for a period of 24 consecutive months.

Election Administrator representative Lisa Sonia Taylor investigated this protest.

On February 3, 2001, by letter to the Election Administrator, the protestor withdrew his protest, against David Jusino, David McClure, Jack Mandaro and Kevin Sullivan.[1] 

On February 5, 2001, Danny Walsh submitted a notarized letter to Local 95 withdrawing his candidacy for alternate delegate to the International Convention.

Accordingly, the Election Administrator finds that this matter has been RESOLVED.

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

J. Griffin Morgan, Atlantic Area Regional Director

DISTRIBUTION LIST (BY UPS NEXT DAY AIR UNLESS OTHERWISE SPECIFIED):

 [1] On January 23, 2001, prior to this protest, Jack Mandaro filed a notarized letter with Local 95   withdrawing his candidacy for delegate to the International Convention.