Protest Decisions

IN RE: MICHAEL LUCAS, Jr., NICHOLAS MAZACCO, and ROBERT DUNCAN,
Eligibility Decision 2001 EAD 211
Issued: March 5, 2001
OEA Case Nos.: E021511NE, E022611NE, and E022612NE

On February 7, 2001, Michael Lucas, Jr., a Local 1150 member on dues checkoff, filed a timely request for our office to verify his eligibility. On February 9, 2001, our office sent Lucas a notice that we had found him ineligible because he had not timely paid his dues for the months of February, March, and April 2000, when he had no income from which dues could have been deducted.

Lucas timely appealed our decision. However, he was not nominated at any of three nomination meetings for delegate or alternate delegate held on February 16, 2001, in Troy, Alabama; on February 19, 2001 in Jupiter, Florida; or on February 21, 2001 in Stratford, Connecticut. Thus, his appeal is MOOT and he is INELIGIBLE to run as a delegate or alternate delegate.

On February 14, 2001, Nicholas Mazacco, another Local 1150 member on dues checkoff, also filed a timely request asking our office to verify his eligibility. On February 20, 2001, our office sent Mazacco a notice that we had found him ineligible because he had not timely paid his dues for July, August, and September 2000, when he had no income from which dues could have been deducted. On February 21, 2001, Mazacco was nominated as a candidate for delegate at the nomination meeting held in Connecticut. Two days later, Jeffrey Cederbaum, the local's secretary-treasurer, filed a timely eligibility protest against both Mazacco and Robert Duncan, a candidate for alternate delegate who also was nominated at the February 21 meeting.

On March 1, 2001, Mazacco submitted a letter stating that he withdrew as a candidate for delegate. Accordingly, we find this matter RESOLVED and that Mazacco is INELIGIBLE to run as a delegate.

On March 2, 2001, Cederbaum agreed to withdraw his protest as to Duncan. Accordingly, we find this matter RESOLVED and that Duncan is ELIGIBLE to run as an alternate delegate.

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.

William A. Wertheimer, Jr.

Election Administrator

cc: Kenneth Conboy, Election Appeals Master

David F. Reilly, Northeast Area Regional Director

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