Protest Decisions

IN RE: SCOTT BRENTIN,
Protest Decision 2001 EAD 364
Issued: May 11, 2001
OEA Case No. PT041611WE

Scott Brentin, a member of Local 313, filed a post-election protest pursuant to Article XIII, Section 3 of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules"). He alleges that Gary Cruz, delegate candidate on the 313 Unity Slate, is ineligible to be certified as a Local 313 delegate because on April 14, 2001, the date that he won a delegate position in his local union's election, his dues had not been paid for the month of March.

Election Administrator Representative Lois Tuttle investigated this protest.

To be eligible for nomination, all candidates for delegate and alternate delegate positions must have timely paid their dues for a continuous twenty-four month period prior to the nomination meeting date in accordance with Article VI, Section 1(a) of the Rules. Nothing in the Rules requires any candidate to maintain such timely payments beyond the nomination meeting date as a condition of the candidate's certification. To be entitled to certification in a contested election, a candidate need only be duly elected in the election held in accordance with Article II of the Rules and the local's election plan.

Cruz' alleged dues delinquency at the time of his local union's election does not stand as a bar to certification of Local 313's election results under Article II, Section 16 of the Rules. Accordingly, we DENY the protest. Nevertheless, we note that Cruz must be in good standing as a member in order to be seated as an IBT Convention delegate, as provided in Article III, Section 1(b)(6) of the Rules.

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 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 all other parties, as well as upon the Election Administrator for the International Brotherhood of Teamsters, 727 15^th Street NW, Tenth Floor, Washington, DC 20005 (fax: 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

2001 EAD 364

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