2026 EAM 10

 ELECTION APPEALS MASTER

FOR THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS

            Protest Decision 2026 ESD 40 (“ESD 40”) was issued on February 12, 2026 (OES Case No. E-049-011426 by the Office of the Election Supervisor (“Election Supervisor” or “OES”).   ESD 40 addresses a protest filed by Dean Modecker, Principal Officer of Local 455, challenging the eligibility of Angel Zamarripa, Geoff Wik, Ashton Lowery and Hunter Gonzales to run as delegate candidates pursuant to Article VI of the Rules for the 2025-2026 IBT International Union Delegate and Officer Election (the “Rules”).    

             On February 12th, the Election Supervisor granted Mr. Modecker’s protest and found that all four candidates were ineligible to run as delegates.  On February 13, 2026, each candidate appealed the decision.  On February 13, 2026, by Notice of Hearing, the Election Appeals Master scheduled a hearing for February 18, 2026.  On February 17, 2026, the Election Supervisor submitted supplemental written arguments in support of its position.

A hearing by video conference was held on February 18, 2026.  The following individuals attended the hearing:  Kelly Hogan and Ron Webne, on behalf of the OES; Angel Zamarripa, Geoff Wik, Ashton Lowery and Hunter Gonzales each on their own behalf; Dean Modecker, Herb Whittaker and Alan Frisbee on behalf of Local 455; and George Faulkner, counsel for Local 455. 

At the time of the hearing on February 18th, Local 455’s delegate election was imminent.  Accordingly, I issued a decision at the hearing on February 18th, DENYING the appeals. This written decision supplements my ruling issued at the hearing.

Determination

Pursuant to Article 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.[1]

According to Mr. Modecker's protest, each of the candidates failed to timely pay dues to Local 455 for the twenty-four (24) consecutive-month period prior to the month of their nominations as required by the Rules.  In investigating the protest, the Election Supervisor made separate determinations as to each candidate and found that each failed to comply with the dues requirements, rendering them ineligible to run.

As to Mr. Zamarripa, the Election Supervisor determined that he had placed himself on voluntary withdrawal and failed to pay his dues from June 2023 to July 2024.  On appeal, Mr. Zamarripa argues that he had been terminated from employment, that he did not place himself on withdrawal, and that he was hired by a different employer during this time period.  Even accepting these claims, Mr. Zamarripa still had not paid dues to Local 455 during the relevant eligibility period.  Accordingly, he had a break in his continuous good standing.  See In re Eligibility of Donald Johnson, et al., 2001 EAD 194 (Feb. 26, 2001), aff'd, 01 EAM 43 (March 9, 2001).

The Election Supervisor also determined that Mr. Wik had a break in his continuous good standing because he failed to timely pay his dues to Local 455 in February 2025 while he was on leave from his employment.  On appeal, Mr. Wik contends that by the end of the calendar year, he had eventually paid all of his required dues.  Even assuming this to be the case, the Rules require twenty-four (24) consecutive months of dues payments, whether through dues check-off or direct payment to the Local Union.  By failing to make his payment in February 2025, Mr. Wik had an interruption in the twenty-four (24) months of continuous good standing necessary to be eligible for nomination. See In re Eligibility of Ronald Calhoun, 2021 ESD 40 (Jan. 12, 2021).

Next, the Election Supervisor determined that Mr. Lowery was ineligible to run as a delegate on several grounds: he was not employed at the craft within the jurisdiction of Local 455, he was suspended during the eligibility period, and he failed to timely pay dues for each of the twenty-four (24) consecutive months leading up to his nomination.  On appeal, Mr. Lowery argues that he was not suspended and that he had timely paid his dues to both Local 455 and Local 964.  However, based on the investigation conducted by the Election Supervisor, the evidence is clear that Mr. Lowery failed to satisfy the good standing requirements under the Rules.

Finally, the Election Supervisor determined that Mr. Gonzales failed to meet the good standing requirements because the evidence demonstrated a break in his dues payments in November 2024, when he was on leave and failed to make the required payment for that month.  On appeal, Mr. Gonzales argues that he should nevertheless be eligible to run because he eventually paid his November 2024 dues in December 2024.  However, by failing to pay dues within the required deadline, Mr. Gonzales was not in continuous good standing during the eligibility period.  See Calhoun, 2021 ESD 40.

For the foregoing reasons, the appeals are DENIED.

SO ORDERED

Hon. Barbara S. Jones (Ret.)

Election Appeals Master

DATED:         March 26, 2026
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