Eligibility of Zamarripa et al., 2026 ESD 40
OFFICE OF THE ELECTION SUPERVISOR
for the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
) Protest Decision: 2026 ESD
IN RE: ELIGIBILITY OF )
ANGEL ZAMARRIPA, GEORGE ) Issued: February 12, 2026
GALLEGOS, TYLER CONDA, )
ADAM GRAFFIS, ) OES Case No. E-049-011426
KYLE BURROUGHS, )
NICHOLAS WILKES, )
ASHTON LOWERY, GEOFF WIK, )
HUNTER GONZALES, )
DANIELLE GARNEAU, and )
LANICA JONES )
)
INTRODUCTION
Dean Modecker filed this pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2025-2026 IBT International Union Delegate and Officer Election (“Rules”) challenging the eligibility of 10 members of Local 455 and candidates for delegate or alternate delegate in Local 455’s delegate election. Protestor alleges that the following individuals are not eligible based on the following allegations:
- Angel Zamarripa is not eligible for candidate or to nominate or second the nomination of other candidates because he has not paid dues since November 2025. Angel Zamarripa nominated or seconded (1) George Gallegos, (2) Tyler Conda, (3) Adam Graffis, (4) Kyle Burroughs, (5) Nicholas Wilkes, and (6) Ashton Lowery. Protestor alleges that because Zamarripa is not eligible to nominate or second, none of these individuals were properly nominated;
- Nicholas Wilkes is ineligible because he has not paid dues since October 2025 (in addition to being nominated by Angel Zamarripa);
- Ashton Lowery is ineligible because he has not paid dues since September 2024 (in addition to being nominated by Angel Zamarripa);
- Geoff Wik is ineligible because he has not paid dues since November 2025;
- Hunter Gonzales ineligible because he has not paid dues since June 2025;
- Danielle Garneau is ineligible because she has not paid dues since November 2025;
- Lanica Jones is ineligible because she was not employed at the craft in December 2025;
Ron Webne, a representative of the Office of the Election Supervisor (“OES”), investigated this protest.
FINDINGS OF FACT AND ANALYSIS
Pursuant to Art. VI, Section 1 (a)(1)-(3) of the Rules, to be eligible to run for any Convention delegate, alternate delegate, or International Officer position, one must:
(1) Be a member in continuous good standing of the Local Union, with one’s dues paid to the Local Union for a period of twenty-four (24) consecutive months prior to the month of nomination for said position with no interruptions in active membership due to suspensions, expulsions, withdrawals, transfers or failure to pay fines or assessments;
(2) Be employed at the craft within the jurisdiction of the Local Union for a period of twenty-four (24) consecutive months prior to the month of nomination; and
(3) Be eligible to hold office if elected.
However, pursuant to Article X, Section 5 (c) of the IBT Constitution:
a member on dues checkoff whose employer fails to make a proper deduction during any month in which the member has earnings from work performed during the month from which the dues could have been deducted, or has earnings from which the employer normally makes a dues’ deduction pursuant to the contract or established practice, shall not lose good standing status for that month.
Additionally, Article VI, Section 2 (b) of the Rules states:
The active employment at the craft requirement may be excused by unemployment if, for the period of unemployment, the member was actively seeking and available for employment in the craft and not working outside the craft during such period of unemployment, or by active pursuit of an unresolved grievance or other legal action challenging suspension or discharge.
The Rules governing a member’s eligibility to nominate or second are different than the requirements for candidacy. “To be eligible for nomination, a member must be nominated and seconded by a member in good standing, each with his/her dues paid through the month prior to the nominations meeting…” Rules, Art. II, Section 5(i). Thus, the good standing requirement to be eligible to nominate or second only requires payment of dues through the month prior to the nomination meeting unlike the good standing requirement to be eligible as candidate which requires continuous good standing.
Angel Zamarripa – Eligibility to Nominate or Second
The nomination meeting for Local 455 took place on January 13, 2026. Thus, to be eligible to nominate or second the nomination of a candidate for delegate or alternate delegate, Zamarripa must have paid his dues through December 2025.
Modecker claims that Zamarippa had not paid dues since November 2025. In other words, Modecker alleges that Zamarripa is ineligible because at the time of the nomination meeting, his dues payments were not paid through December 2025.
TITAN records confirm that Zamarripa’s dues were not paid through December 2025. However, TITAN records also show that Zamarripa was on dues checkoff and that his employer, United Airlines, was consistently two months late in remitting Zamarripa’s dues to Local 455 beginning with its dues’ remittance of one month’s dues on September 11, 2024, which brought him current through July 2024. Zamarripa provided copies of paystubs showing his earnings for work performed in October, November, and December 2025. Thus, although Zamarripa’s employer did not remit dues to Local 455 in a timely manner, the exception under Art. X, Section 5(c) of the IBT Constitution applies and he is deemed to have timely paid his dues through December 2025.[1] See In re Eligibility of Irene Copley et al., 2010 ESD 27 (Sept. 17, 2010) (finding members retained good standing despite TITAN records showing no dues payment through checkoff to satisfy August dues obligations because they were entitled to rely on the checkoff mechanism to deduct their dues from their wages and remit them to the local union as it is “firmly established that a member on dues check-off retains her good standing even if her dues were remitted late or not at all by the employer, provided she had signed a check-off authorization and had sufficient earnings or paid leave in the month from which dues could have been deducted”) (collecting cases).
Although Modecker did not bring it to our attention, our review of Zamarripa’s TITAN records shows that he was on withdrawal status from June 9, 2023, through July 11, 2024, and that his dues for June 2023 through June 2024 were not paid. Zamarripa’s last payment of dues before he went on withdrawal was on June 7, 2023, which brought him current on his payments through May 2023. His next payment of dues (consisting of a single month’s dues) was on September 11, 2024, which brought him current through July 2024—the month he returned from withdrawal status. There is no record showing that Local 455 billed Zamarripa for any arrearages or dues for the months he was on withdrawal status. Additionally, Valerie Macias, the Local 455 TITAN operator responsible for Zamarripa’s employer, stated that Zamarripa’s dues from June 2023 through June 2024 were “forgiven” when he came back from withdrawal status because the local does not charge dues during the period a member is on withdrawal. We understand this to mean that Local 455 waived Zamarripa’s dues during his withdrawal status (from June 2023 through June 2024). See IBT Constitution, Art. X, Section 5(c) (“The Local Union Executive Board shall have the power to waive, or reduce, on a non-discriminatory basis the payment of delinquent dues, assessments, and/or reinitiation fees.”). Thus, despite the fact that Zamarripa did not actually pay dues for each and every month from January 2024 through December 2025, he paid all dues Local 455 deemed to be due and owing through December 2025. In other words, Zamarripa has no outstanding dues payments owed and is a member in good standing with his dues paid through December 2025.
Accordingly, we find Zamarripa eligible to nominate or second candidates and deny the protest challenging the eligibility of the above referenced candidates on these grounds.
Angel Zamarripa – Eligibility as Candidate
Modecker also challenges Zamarripa’s nomination as a candidate for delegate on the same grounds—because Zamarripa has not paid dues since November 2025. For the same reasons discussed above, we disagree that Zamarripa is ineligible on these grounds. However, Zamarripa was on withdrawal status from June 2023 through July 2024. Thus, if Zamarripa’s withdrawal status was voluntary, he would be ineligible to run as a candidate in the delegate election. See e.g. Ciccozi, 2001 EAD 100 (Jan. 24, 2001) aff’d 01 EAM 22 (KC) (Feb. 2, 2001) (voluntary withdrawal is an interruption in continuous good standing to be eligible to run for delegate).
Macias, who we find credible, stated that she put Zamarripa on withdrawal on June 9, 2023, pursuant to his request. According to Macias, Local 455 does not automatically put a member on withdrawal status if a dues’ payment is not received. In other words, it is not Local 455’s practice to automatically place members on withdrawal for nonpayment. In fact, Macias said that there are no circumstances under which she would put a member on withdrawal absent the member’s request. She is certain that she would have only placed Zamarripa on withdrawal if Zamarripa had called her or come to the union hall and asked her to do so.
At first, Zamarripa acknowledged that he requested withdrawal status. Specifically, he stated, “I withdrew in May of 2023 and joined again in July 2024.” About two weeks later, Zamarripa stated, “I have never requested a withdrawal and have no idea what this is about.” When the investigator pointed out Zamarripa’s conflicting statements and asked for clarification, Zamarripa stated, “I don’t recall if I ever withdrew from the union. So, I have no recollection.” These contradictions undermine his credibility, and we find that Zamarripa was on voluntary withdrawal rendering him ineligible to run as a candidate in the delegate election.
Additionally, Zamarripa does not dispute that he did not pay dues for June 2023 through May 2024. Thus, notwithstanding the fact that his dues from June 2023 through June 2024 were forgiven because the local does not charge dues during the period a member is on withdrawal (discussed above), he fails to meet the continuous good standing requirement. See In re Eligibility of Donald Johnson, et al., 2001 EAD 194 (Feb. 26, 2001) aff’d 01 EAM 43 (KC) Mar. 9, 2001) (finding member ineligible on two grounds: (1) he was on voluntary withdrawal during the relevant time period; and (2) he paid no dues during the time he was on withdrawal causing a break in his 24 consecutive months of continuous good standing requirement).
Accordingly, we find Zamarripa is ineligible to run as a candidate in Local 455’s delegate election and GRANT this protest as to these allegations against him.
Eligibility of Nicholas Wilkes
Modecker challenges Wilkes’s eligibility to run for delegate because he allegedly has not paid dues since October 2025. Wilkes was on dues checkoff with his employer, Sysco, from January 1, 2024, through December 31, 2025. Although the protest only alleges that Wilkes failed to timely pay his dues in October and November 2025, he provided paystubs showing his earnings for work performed sufficient to pay his dues each month for this entire time period. Thus, pursuant to Article X, Section 5(c) of the IBT Constitution, Wilkes’s dues are deemed to have been timely paid.
Accordingly, we find Wilkes is eligible to run as a candidate in Local 455’s delegate election and DENY this protest as to these allegations against him.
Eligibility of Geoffrey Wik
Modecker challenges Wik’s eligibility to run for delegate because he allegedly has not paid dues since November 2025. However, Wik was on dues checkoff with his employer, United Airlines, from January 1, 2024 through December 31, 2025. Like Zamarripa’s dues, United Airlines routinely remitted Wik’s dues to Local 455 two months late. TITAN records confirm this. For example, TITAN records show that Wik’s November 2025 dues were not paid until January 13, 2026, and as of February 5, 2026, TITAN still did not reflect payment of his dues for December 2025. Wik provided paystubs showing his earnings for work performed in November and December 2025 sufficient to pay his dues for those months. Thus, pursuant to Article X, Section 5(c) of the IBT Constitution, his dues for those months are deemed to have been timely paid.
That said, based on our review of TITAN records, Wik’s dues for February 2025 were not paid until May 6, 2025. Wik stated that he did not work in February 2025 and as a result “they took out double dues in March.” He provided paystubs for the pay period of January 26, 2025 through March 8, 2025.
- Paystubs for Jan. 26, 2025 through Feb. 8, 2025 – Wik did not work any hours and did not receive any earnings or net pay.
- Paystubs for Feb. 9, 2025 through Feb. 22, 2025 –Wik did not work any hours and had earnings of $16.55 attributed to “Imputed Income – Life” but had no earnings or net pay.
- Paystubs for Feb. 23, 2025 through Mar. 8, 2025 –Wik received vacation pay in the amount of $1,211.80 and a deduction from earnings in an equal amount attributed to “Overpayment Rpmt Plan.” Wik explained that he was on leave under the Colorado Paid Family and Medical Leave Insurance Act (“CPFMLA”) from which he received payments during this time. According to Wik, he could not receive money from CPFMLA and United Airlines at the same time, therefore, United Airlines overpaid him in the amount of $1,211.80, which it recouped by taking his vacation pay in an equal amount. He received no money from United Airlines for that pay period, and the paystub reflects no net pay.
Based on the above, Wik did not have earnings in the month of February 2025 from which his employer could have deducted his dues. He was thus not in good standing for that month and, therefore, was not in continuous good standing for the required 24 months leading up to the nomination meeting.
Accordingly, we find Wik is ineligible to run in Local 455’s delegate election and we GRANT this protest as to the allegations against him.
Eligibility of Ashton Lowrey
Modecker challenges Lowery’s eligibility to run for delegate because he allegedly has not paid his dues since September 2024. TITAN records show that Lowery’s most recent dues payment was made to Local 455 on January 13, 2026. However, that payment brought Lowry current through September 2024 only. TITAN records also show that Lowery was placed on suspension on March 20, 2024, returning to working status December 4, 2024.
Macias confirmed that she placed Lowery on suspension on March 20, 2024, for non-payment of dues. According to Macias, at that time Lowery had not made a dues payment for over eight months—since July 7, 2023.[2] Macias said it is common for members in Local 455 to “transfer back and forth” from one local to another and she speculated that Lowery was likely working at that time but had transferred jobs to the jurisdiction of another local without notifying her.
Lowery stated that his transfer to DTW Airport and the jurisdiction of Local 964 was voluntary. He said United Airlines had “opened a new station” at DTW Airport and a job became available. Lowery is from Perrysburg, Ohio and took the position because DTW Airport, located in Detroit, put him closer to family. He said that United Airlines did not ask him to take this job, did not threaten that he would lose his job if he did not take it, and exerted no pressure on him to take it. There were no concerns about protecting his seniority status that influenced his decision. The decision to transfer was purely his own, unaffected by any influence of United Airlines and motivated by the desire to be closer to family members. Lowery said it “didn’t work out,” and he transferred back to DEN Airport. Since Lowery’s transfer from Local 455 to Local 964 was voluntary and there is no evidence that he took reasonable steps to timely pay his dues to Local 455 upon transfer, he is not entitled to the benefit of Article X, Section 4(d) of the IBT Constitution permitting members who have been involuntarily transferred to count employment from both locals toward the 24-month employment requirement See Eligibility of Ibarra, 2021 ESD 41 (Jan. 13, 2021 (“The principle underpinning these decisions is that the transfer is involuntary because it is the employer’s action – rather than the member’s – that caused the transfer in local unions.”) (collecting cases).
Also, unlike a member on withdrawal status, while Lowery was on suspension his dues obligations continued to accrue. As a result, on December 4, 2024, when he started paying dues to Local 455 again, his payment of less than one month’s dues only brought him current through August 2023 and, according to Macias, he continues to carry a significant dues arrearage of $2,209.00.
Lowery initially said that he did not know he was suspended from Local 455. He subsequently explained that the suspension in TITAN was from his transfer to Local 965. Pursuant to Article X, Sec. 5(c) of the IBT Constitution:
Any member who shall be three (3) months in arrears in the payment of dues, fines, assessments, or other charge shall automatically stand suspended at the end of the third (3rd) month and shall not be entitled to any rights or privileges of membership. Local Unions may provide suspension, expulsion, or other penalty for a lesser period of arrearage. Any member who has been automatically suspended for failure to pay dues and other charges shall be under a continuing obligation to pay dues during the period of suspension.
(emphasis added). In other words, the IBT Constitution required suspending Lowery for failing to pay his dues for over three months regardless of whether or not Lowery knew he was suspended. Moreover, Lowery should have been suspended earlier than March 20, 2024, because according to TITAN records, his last dues payment before that was on July 7, 2023—about eight months earlier. In fact, it appears that Lowery should still be in a suspended status because his dues payments remain more than three months in arrears.[3]
We find that Lowery is ineligible to run as a candidate in Local 455’s delegate election for three reasons: First, he was not employed at the craft within the jurisdiction of Local 455 continuously for the required 24-month period prior to the nomination meeting. Second, his active membership in Local 455 was interrupted by a suspension within that same period.[4] And third, Lowery admitted that he did not pay dues to Local 455 on a timely basis for 24 consecutive months during the above period. Accordingly, we GRANT the protest as to the allegations against him.
Eligibility of Hunter Gonzales
Mr. Modecker challenges Gonzales’s eligibility because he allegedly has not paid dues since June 2025. Gonzales, who was on dues checkoff, provided paystubs showing that he had sufficient earnings for work performed from which his dues could have been paid each month from January 2024 through December 2025, except for November 2024. TITAN records show that Gonzales’s dues for November 2024 dues were not paid until June 6, 2025. Gonzales stated that he was on leave under the CPFMLA in November 2024 and that he had no earnings that month from which his employer could have deducted his dues. We find that Gonzales was not in good standing for the month of November 2024 breaking his continuous good standing requirement.
Accordingly, we find that Gonzales is ineligible to run in Local 455’s delegate election and we GRANT this protest as to the allegations challenging Gonzales’s eligibility.
Eligibility of Danielle Garneau
Modecker challenges Garneau’s eligibility because she allegedly has not paid dues since November 2025. Garneau, another United Airlines employee, was on dues checkoff from January 1, 2024 through December 31, 2025. United Airlines routinely remitted her dues to Local 455 two months late during that time. TITAN records confirm this. For example, Garneau’s August 2025 dues were not paid until October 6, 2025, her September 2025 dues were not paid until November 11, 2025, her October 2025 dues were not paid until December 9, 2025, and her November 2025 were not paid until January 13, 2026. As of February 4, 2026, TITAN still did not show a payment of her dues for December 2025. This pattern of late payments by United Airlines is consistent with other United Airlines employees discussed herein.
Garneau provided paystubs showing her earnings for work performed in August, September, October, November, and December 2025 sufficient to pay her dues for each of those months. Pursuant to Article X, Section 5(c) of the IBT Constitution, Garneau’s dues are deemed to have been timely paid. Accordingly, we find Garneau to be eligible to run as a candidate in the delegate election and we DENY this protest as to the allegations challenging her eligibility.
Eligibility of Lanica Jones
Modecker challenges Jones’s eligibility because she allegedly was not employed by a craft in December 2025. Because the nomination meeting for Local 455 took place on January 13, 2026, Jones must have been employed at the craft within the jurisdiction of Local 455 from January 1, 2024, through December 31, 2025. Jones acknowledged that her employment with UPS was terminated and that she was not reemployed throughout December 2025.[5] However, Article VI, Section 2(b) of the Rules states:
The active employment at the craft requirement may be excused by unemployment if, for the period of unemployment, the member was actively seeking and available for employment in the craft and not working outside the craft during such period of unemployment, or by active pursuit of an unresolved grievance or other legal action challenging suspension or discharge.
Jones stated that she was actively seeking and available for employment in December 2025 following the termination of her employment. During that time, she submitted online job applications to US Foods and Sealy Tempur-Pedic and engaged in regular online searches and networking to find a job. Jones has communicated with members of Local 455, including Modecker, in an effort to obtain job leads, referrals, and other assistance with finding employment. She has also worked with Denver Workforce Center for employment assistance including, but not limited to, attending meetings twice a week to assist with resume preparation, cover letter development, and job referrals. In fact, in January 2026, Jones was contacted by a possible employer to complete pre-employment assessments. Jones provided the names and contact information of potential employers.
Modecker was asked to provide the investigator with any information and documentation he had to support his allegations against Jones including, but not limited to, information concerning whether Jones was actively seeking and available for employment in the craft and not working outside the craft during her period of unemployment. Modecker provided documents concerning Jones’ termination but none of these documents refute Jones’ evidence that she was actively seeking employment, available for employment, and not working outside the craft during the relevant time period.[6]
Accordingly, we find Jones is eligible to run as a candidate in Local 455’s delegate election and we DENY this protest as to the allegations challenging her eligibility.
APPELLATE RIGHTS
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. Any party requesting a hearing must comply with the requirements of Article XIII, Section 2(i). All parties are reminded that, absent extraordinary circumstances, no party may rely in any such appeal upon evidence that was not presented to the Office of the Election Supervisor. Requests for a hearing shall be made in writing, shall specify the basis for the appeal, and shall be served upon:
Election Appeals Master
Barbara Jones
Election Appeals Master
IBTappealsmaster@bracewell.com
Copies of the request for hearing must be served upon the parties, as well as upon the Election Supervisor for the International Brotherhood of Teamsters. Service may be accomplished by email, using the “reply all” function on the email by which the party received this decision. A copy of the protest must accompany the request for hearing. A copy of the protest must accompany the request for hearing.
Timothy S. Hillman
Election Supervisor
cc: Barbara Jones, IBTappealsmaster@bracewell.com
2026 ESD 40
DISTRIBUTION LIST (BY EMAIL UNLESS NOTED OTHERWISE):
dmodecker@teamsterslocal455.org
Jason Abbot
George Gallegos
Tyler Condo
Adam Graffis
Kyle Burroughs
Nicholas Wilkes
Ashton Lowery
Geoff Wik
Hunter Gonzales
Danielle Garneau
Angel Zamarripa
Lanica Jones
Edward M. Gleason, Jr.,
Richard Hooker
David Suetholz
Will Bloom
Ken Paff
Thomas Kokalas
Timothy S. Hillman
Paul Dever
Ron Webne
Jim Devine
Jim.devine@gmail.com
jdevine@ibtvote.org
Kelly Hogan
[1] Modecker alleges that Zamarippa has not paid dues since November 2025. Although it appears that Modecker argues that only Zamarippa’s December 2025 dues were not paid, we treat this protest as if he were also claiming November dues were also not paid.
[2] Lowery’s July 7, 2023 payment made him current on his dues through that month.
[3] His monthly dues obligation is currently $128.00.
[4] He could, as noted above, be deemed to be on suspension currently. Local 455 appears to have ignored his arrearage when it retuned him to active status in December 2024 when he resumed paying dues.
[5] Modecker also provided a letter from UPS to Jones dated November 24, 2025, notifying her of the termination of her employment.
[6] One of the documents provided entitled “Teamsters Local Union 455 Information of Complaint or Grievance” shows that on December 17, 2025, the Local filed a grievance on Jones’ behalf concerning her termination. This request was denied. The fact that Jones pursued a grievance of her termination further supports Jones’ contention that she was actively seeking and available for employment within the jurisdiction of Local 455 following her termination.