2021 EAM 18 (re: 2021 ESD 126)

ELECTION APPEALS MASTER

FOR THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS

            Protest Decision 2021 ESD 126, which addresses a pre-election protest filed by Sam Bucalo, was issued on June 19, 2021 (OES Case No. P-150-060821-ME) by the Election Supervisor.  The protest alleged that certain officers and business agents of Local 100 were ineligible to serve as delegates at the IBT Convention because they were not members in good standing when elected. 

On June 19th, the Election Supervisor denied the protest and found that the delegates elected by Local 100 were members in good standing.  On June 22, 2021, Mr. Bucalo appealed the decision.  On June 22, 2021, by Notice of Hearing, the Election Appeals Master scheduled a telephonic hearing for June 25, 2021.  On June 24, 2021 the Office of Election Supervisor submitted supplemental argument in support of its position.            

A telephonic hearing was held on June 25, 2021.  The following individuals attended the hearing:  Jeffrey J. Ellison, Esq., on behalf of the Office of the Election Supervisor; and Sam Bucalo on behalf of himself.

Decision of the Election Appeals Master

            In order to serve as a delegate at the IBT Convention, delegates who are also full time employees of the union must pay dues equal to the highest rate of dues paid by any member of the Local Union.  See Article X, Section 3 of the IBT Constitution.  Mr. Bucalo claims that even though certain full time employees of Local 100 made timely dues payments, they were nevertheless ineligible to serve as delegates at the IBT Convention because they paid a lower rate of dues than the highest dues paying member.  The Election Supervisor, however, reviewed the TITAN system and confirmed that Local 100’s delegates had paid their dues at the appropriate rate.  In addition, by the time this appeal was heard, Local 100’s delegates had already participated at the IBT Convention rendering Mr. Bucalo’s claims moot. 

Accordingly, Mr. Bucalo’s appeal is DENIED.   

SO ORDERED,

Hon. Barbara S. Jones (Ret.)

Election Appeals Master

DATED:         June 25, 2021


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