January 31, 1996
VIA UPS OVERNIGHT
Thomas Wm. Milne, Secretary-Treasurer
Teamsters Local Union 155
490 East Broadway
Vancouver, BC V5T 1X3
Canada
Jack C. Vlahovic
602 East 4th Street
North Vancouver, BC V7L 1JB
Canada
Re: Election Office Case No. E-071-LU155-EOH
Gentlemen:
In a letter dated January 17, 1996, Thomas Milne, secretary-treasurer of Local
Union 155, wrote to the Election Officer concerning inquiries made to his local union office by a staff person at the Election Office. The inquiries involved dues payments by
Jack Vlahovic which would affect his eligibility to run for delegate to the IBT convention.
Mr. Milne noted that the local union's bank statement and deposits for the month of January, 1995 show that Mr. Vlahovic did not remit his dues for that month. As Mr. Vlahovic claimed that he paid his dues for January 1995, the local union, according to Mr. Milne, advised the Election Officer that Mr. Vlahovic had been unable to produce the check demonstrating payment.
The Election Officer did not consider Mr. Milne’s correspondence to be a protest filed pursuant to the Rules for the 1995-1996 IBT International Union Delegate and Officer Election ("Rules"). The Election Office was subsequently advised by Regional Coordinator Gwen Randall that Mr. Milne did consider the correspondence to be an eligibility protest to the nomination of Mr. Vlahovic.
Thomas Wm. Milne
January 31, 1996
Page 1
Local Union 155 held its nominations meeting on January 14, 1996 at which
Mr. Vlahovic was nominated as a candidate for delegate. Via facsimile, Mr. Milne sent his letter to the Election Office after the close of business on January 17. It was not received until January 18.
Article XIV, Section 2(b) of the Rules requires preelection protests, including those "regarding eligibility of candidates," to be filed "within two (2) working days of the day when the protestor becomes aware or reasonably should have become aware of the action protested." As stated above, Mr. Milne's protest was received by the Election Officer on January 18, 1996, four working days after the local union's nominations meeting, the time at which
Mr. Milne became aware or should have become aware that Mr. Vlahovic was nominated for delegate. See Mantucci, Case No. E-024-LU669-EOH (January 22, 1996); cf. Webb, Case No. E-031-LU763-EOH (January 24, 1996).
Accordingly, Mr. Milne's protest is untimely under the Rules and 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 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
Gwen Randall, Regional Coordinator