LIUNA ELECTION OFFICE

77 WEST WASHINGTON ‑ SUITE 714

CHICAGO, ILLINOIS 60602

 

 

In the Matter of the Protest of                           )

                                                                        )  Protest No.  77

            George Olivas & Fernando Herrera      )

 

 

DECISION

 

Summary of Protest

 

            Mr. Olivas and Mr. Herrera, members of Local 802, protest their disqualification from being allowed to run for Convention delegate on the grounds that they did not seek to have their eligibility to run for delegate positions verified prior to their Local Union’s nomination meeting.

 

Factual Background

            Local 802 held its nomination meeting on May 29.  Olivas and Herrera were nominated for Convention delegate.  By letters dated May 31, they were advised that they were disqualified from running because they had not sought verification of their eligibility to run prior to the meeting.  Olivas and Herrera filed a timely combined protest with the Election Officer.

            Local 802’s notice of the nomination meeting indicated that persons who had been nominated or expected to be nominated “should” request verification of eligibility prior to the nomination meeting and that pre‑nomination verification of eligibility would be “executed” (sic) only for good cause.

            Olivas and Herrera state that they did not understand that the process of requesting a pre‑nomination determination of eligibility was mandatory and that they believed that there was no question but that they were eligible to run for Convention delegate.

 

Discussion

            Persons seeking to run as Convention delegates are instructed that they “shall” seek verification of their eligibility prior to the nomination meeting.  1996 Election Rules, Article II, Section 2(a).  The requirement of a pre‑election verification request may be excused for “good cause” shown to the Election Officer.  Id., Section 2(d).

            Here, Olivas and Herrera have shown “good cause” in that they did not understand that seeking pre‑nomination meeting verification of eligibility was mandatory and believed that there was no issue regarding their eligibility.  See Protest Decision No. 26 (Caspers & Ross).

 

Order

            The protest of George Olivas and Fernando Herrera is granted.  Neither shall be precluded from running for Convention delegate on the grounds that he failed to seek a pre‑nomination determination of eligibility.

                                                                                    ENTERED:

 

 

                                                                                    __________________________

                                                                                    Stephen B. Goldberg

                                                                                    Election Officer

 

Dated:  ____________________