Protest Decisions

IN RE: Carmen Cecere, JR.
Eligibility Decision 2001 EAD 142
Issued: February 7, 2001
OEA Case No. E012513NE

On January 21, 2001, Local 122 held its nomination meeting for delegate and alternate delegate elections. On January 25, 2001, John F. Murphy, secretary-treasurer of Local 122, filed a protest with the Election Administrator challenging the eligibility of Carmen Cecere, Jr. to run for alternate delegate to the IBT International Convention. Mr. Murphy alleges that Cecere failed to maintain his membership in good standing for a period of 24 consecutive months.

Election Administrator representative Lisa Sonia Taylor investigated this protest.

Article VI, Section 1(a)(1) of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules") states that 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.

Cecere's TITAN record shows that he paid cash dues from the beginning of the eligibility period in January 1999, until March 2000. Cecere's payments for January,
February, March, April, June and July 1999 were all paid after the last business day of each month. In March 2000, Cecere began paying dues pursuant to checkoff authorization. However, Cecere had failed to make any dues payment between August 1999 and February 2000. In August 2000, Cecere made a lump sum cash payment to cover the six months that he was behind on his dues. Cecere does not challenge the information on his TITAN record.

A remittance of cash dues after the last business day of the month is untimely and will render the member not in good standing for that month. Williams, E15 (December 18, 1995). Cecere does not dispute the fact that he made late payments during the time that he paid cash dues. Therefore, the Election Administrator finds that Cecere failed to fulfill his obligation to timely pay his dues each month over the 24-month period of eligibility.

Accordingly, the Election Administrator finds that Mr. Cecere is INELIGIBLE to run for alternate 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

David Reilly, Northeast Area Regional Director

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