Protest Decisions

IN RE: VINCENT McGEE,
Eligibility Decision 2001 EAD 305
Issued: April 16, 2001
OEA Case No. PR022011NE

See also Election Appeals Master decision 01 EAM 64 (KC)

Vincent McGee, a member of Local 170, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules"). He alleges that Vanessa Williamson and Jackie Rucci were ineligible to run as an alternate delegate in the local union's delegate election.

Election Administrator representative David Reilly investigated this protest.

The protest was untimely, since it was filed this protest twenty-three days after Rucci was nominated as a delegate candidate on January 28, 2001. Article XIII, Section 2(b). Otherwise, his protest "shall be considered waived." McGee claims that his protest should be considered timely because he was "reasonably [un]aware" of the fact that Rucci was nominated until approximately February 20, 2001, eight days after he returned from a Florida vacation. This is insufficient cause for the late filing of this protest, and it is accordingly DENIED.

Any interested party not satisfied with these determinations 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 the 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 Fifteenth Street, N.W., 10^th Floor, Washington, D.C. 20005 (fax: (202) 454-1501), all within the time 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

2001 EAD 305

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