This Order and Memorandum addresses the nomination protest filed by Kenneth Bates (Bates) regarding his disqualification as a candidate for the Laborers' International Union of North America (LIUNA) Local Union 2 (Local 2) election of officers.
Based upon Bates' failure to follow up on his protest with the Independent Hearing Officer (IHO), the protest is DENIED.

  FINDINGS OF FACT

1. Pursuant to an appointment by the LIUNA General Executive Board Attorney and a variance issued by General President Terence O'Sullivan, Barbara Zack Quindel (Quindel) is serving as the Election Officer for Local 2 with respect to the nomination and election of officers. Protestors not satisfied with the decision of the Election Officer may file an appeal with the IHO.

2. Bates was nominated for the position of Executive Board Member.

3. When questioned at the candidate examination meeting, Bates indicated that he had been convicted in 1986 for murder and served a prison sentence until 1997. As a result, Quindel found him ineligible to serve as an officer of Local 2 pursuant to the Labor Management Recording and Disclosure Act as codified in 29 U.S.C. §504.

4. Bates sent a letter to the IHO indicating that he wished to appeal Quindel's ruling.

5. The IHO telephoned Bates at his home and left messages which were never returned. Bates has failed to follow up ors his appeal in a timely manner.

6. The IHO finds no reason to not uphold Quindel's ruling disqualifying Bates.

DECISION

The protest of Bates is DENIED.

Date: February 23, 2001

Barbara Zack Quindel, Esq. (via facsimile 
Kenneth Bates (via overnight mail)
James McGough (via facsimile) 
Local Union 2 (via facsimile)