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The local sought to have his complaint dismissed, but its application was denied by tribunal member Walter Pylypchuk, according to a decision filed Oct. 4.

Neither Holmes nor Local 97 president Paul Beacom returned requests for interviews.

Holmes filed his complaint a year ago. He is seeking a declaration that the local discriminated against him, an order that it stop discriminating, an order that it accept that he can be nominated for and serve in office, and for a new election. He is also seeking damages.

The local filed a response Dec. 12 denying the discrimination and saying the complaint is outside tribunal jurisdiction because Holmes’ conduct took place outside B.C. The local said the complaint has no reasonable chance of succeeding at a hearing and should only proceed against its parent organization, the International Association of Bridge, Structural, Ornamental and Reinforcing Ironworkers in Washington, D.C.

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The international organization’s general secretary sent a letter to Holmes advising him that he was ineligible to be nominated for or serve in his local’s office because of the conviction, citing a paragraph in the international’s constitution.

But Holmes said that paragraph is discriminatory, requiring members to not be or have been members of the Communist Party or being convicted of certain criminal offences, including “violation of the narcotics laws.”

In his decision, Pylypchuk said dismissal of the application hinged upon whether Local 97 was properly named as respondent in the complaint. He ultimately rejected the local’s argument that the action taken was the international’s decision.