Protest Decisions

IN RE: MIKE RYS, JEFFREY STRAUSE, EARL BARLET, TODD WEST, Eligibility Decision 2001 EAD 165
Issued: February 14, 2001
OEA Case No. E013011ME, E013012ME, E013013ME, E013014ME, E013015ME E013016ME, and E013017ME

See also Election Appeals Master decision 01 EAM 39 (KC)

On January 27, 2001, Local 429 held its nomination meeting for delegate and alternate delegate elections. On January 30, 2001, Joseph A. Young, member of Local 429, filed a protest with the Election Administrator regarding the eligibility of Mike Rys, Jeffrey Strause, Earl Barlet, Todd West, Kevin Bolig, and John Blatt to run for delegate to the IBT International Convention.

Election Administrator representative Lois M. Tuttle investigated this protest.

On February 6, 2001, by facsimile to the Election Administrator, the protestor withdrew his protests against Mike Rys, Jeffrey Strause, and Earl Barlet. On February 14, 2001, the protester further agreed to withdraw his protests against Todd West and Kevin Bolig. Thus, this decision addresses only the issue of John Blatt's eligibility.

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 his local union, with his 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 for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules").

Investigation reveals that until July 26, 1999 Mr. Blatt was an employee of Preston Trucking who authorized Preston to transmit his dues to the local by checkoff. On July 26, 1999, Preston Trucking went out of business and Mr. Blatt received no more income from that employer.

On August 11, 1999, Mr. Blatt began a new job with Plymouth Rock. According to the local, Mr. Blatt failed to submit his signed checkoff card authorizing his new company to automatically deduct his dues until September 20, 1999. As a result, Plymouth Rock did not begin transmitting his dues to the local until October 1999.

At the very least, Mr. Blatt was responsible for timely paying his dues for August 1999 on a cash basis. However, Mr. Blatt did not make any payment for his August 1999 dues until September 22, 1999, when he made a $68.00 payment toward both August and September 1999. Therefore, Mr. Blatt paid his dues for August 1999 late, and broke his good standing status during the 24-month period.

Accordingly, the Election Administrator finds Mr. Blatt 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, ℅ 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

William B. Kane, Mideast Area Regional Director

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