January 30, 1996
VIA UPS OVERNIGHT
Kevin McCaffrey
January 30, 1996
Page 1
Kevin McCaffrey, Secretary-Treasurer
Teamsters Local Union 707
14 Front Street
Hempstead, NY 11550
Robert Didier
59 Roosevelt Drive
Bethpage, NY 11714
John J. O’Keefe, President
Teamsters Local Union 707
14 Front Street
Hempstead, NY 11550
Kevin McCaffrey
January 30, 1996
Page 1
Re: Election Officer Case No. E-059-LU707-EOH
Gentlemen:
By letter received by the Election Officer on January 26, 1996, Kevin McCaffrey, secretary-treasurer of Local Union 707, protests the nomination of Robert Didier to run for delegate to the International convention, alleging that Mr. Didier has failed to maintain
24 months’ continuous good standing prior to the month of his nomination, as required by the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”).
Local Union 707 held its nominations meeting on January 7, 1996. Article XIV, Section 2(b) of the Rules mandates that all preelection protests be filed "within two (2) working days of the day when the protester becomes aware or reasonably should have become aware of the action protested." This category includes protests "regarding eligibility of candidates, nominators and persons seconding nominations."
The Regional Coordinator confirms that Mr. McCaffrey attended the nominations meeting on January 7, 1996. Thus, he was aware of Mr. Didier’s nomination on that date. He did not file this protest until January 26, 1996. Accordingly, the Election Officer finds that the protest is untimely under Article XIV, Section 2(b) of the Rules. Accordingly, the protest is DENIED.
Kevin McCaffrey
January 30, 1996
Page 1
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 and 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 North Capitol Street, Suite 855, Washington, D.C. 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