July 19, 1996
VIA UPS OVERNIGHT
J. Thomas Vincent
July 19, 1996
Page 1
J. Thomas Vincent, Jr.
6936 Norlynn Drive
Covington, KY 40228
Ron Carey, General President
International Brotherhood of Teamsters
25 Louisiana Avenue
Washington, DC 20001
John P. Morris, President
Pennsylvania Conference of Teamsters
2833 Cottman Avenue
Philadelphia, PA 19149
John Sullivan, Associate General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue
Washington, DC 20001
J. Thomas Vincent
July 19, 1996
Page 1
Re: Election Office Case No. CONV-23-IBT
Gentlemen:
J. Thomas Vincent, Jr., a member of Local Union 783, filed a protest pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”) against the IBT, the Pennsylvania Conference of Teamsters and International Vice President John P. Morris. The protester alleges that on the morning of Tuesday, July 16, 1996, alternate delegates from Local Union 115 “and/or other [local unions] from the Pennsylvania Conference of Teamsters” were given delegate credentials and allowed on the floor of the IBT Convention.
This protest was investigated by New York City Protest Coordinator Barbara C. Deinhardt.
J. Thomas Vincent
July 19, 1996
Page 1
Although Ms. Deinhardt left messages at the protester’s hotel, the protester never contacted the Convention Election Office to present evidence on his protest. On July 18, 1996, Ms. Deinhardt sent the protester a letter via facsimile to his hotel advising him that if he wished to present any evidence in support of the protest to contact her immediately at the Convention Election Office. Ms. Deinhardt further advised the protester, “If I do not hear from you by 10:00 a.m. tomorrow [July 19], I will assume you do not wish to press your protest.” Mr. Vincent never contacted or left a message for Ms. Deinhardt.
Under the Rules, the protester bears the initial burden to present evidence in support of his protest. In Re: Chentnik, 95 - Elec. App. - 52 (KC) (January 10, 1996). The protester has failed to do so.
It should also be noted, however, that it is only the Election Officer who can authorize the elevation of an alternate delegate to delegate and provide delegate credentials. No delegate credentials were issued to alternates by the Election Officer unless the elected delegate relinquished his or her credentials.
Accordingly, the protest is DENIED.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within one day of receipt of this letter. The parties are reminded that, absent extraordinary circumstances, no party may rely upon evidence that was not presented to the Office of the Election Officer in any such appeal. Requests for a hearing shall be made in writing and shall be served on:
Kenneth Conboy, Esq.
Latham & Watkins
885 Third Avenue, Suite 1000
New York, NY 10022
Fax (212) 751-4864
Copies of the request for hearing must be served on the parties listed above as well as upon the Election Officer, 400 N. Capitol Street, Suite 855, Washington, DC 20001, Facsimile (202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Barbara Zack Quindel
Election Officer
cc: Kenneth Conboy, Election Appeals Master
Barbara C. Deinhardt, New York City Protest Coordinator