July 21, 1995
VIA UPS OVERNIGHT
Slobodan Golubovic
5908 S. Western Avenue
Clarendon Hills, IL XXX-XX-XXXX
Frank J. Wsol, Secretary-Treasurer
Local Union 710
4217 S. Halsted Street
Chicago, IL 60609
RE: Election Office Case No. P-026-LU-710-CHI
Gentlemen:
Slobodan Golubovic
July 21, 1995
Page 1
This pre-election protest was filed pursuant to Article XIV, Section 2(a), of the Rules for the 1995-96 IBT International Union Delegate and Officer Election ("Rules") by Slobodan Golubovic, a member of Local Union 710, by letter dated May 1, 1995.[1] The protest alleges that in a response to a request made to Local Union 710 on April 17, 1995, Mr. Golubovic was sent a falsified and invalid Local 710 Constitution and Bylaws and invalid, expired and unapproved agreements, riders and supplements of the collective bargaining agreement covering his employment.
Mr. Golubovic also alleges that the Local Union has embezzled Local Union 710's funds by its gift of an automobile to a retiring business agent in 1989, in violation of the IBT International Constitution and bylaws of Local 710. He asserts that the charges arising from the matter have been heard by the General Executive Board which found that Local 710 acted improperly reimbursement of the funds so expended.
The protest was investigated by Regional Coordinator Julie E. Hamos.
The Local Union denies that it acted improperly and asserts that the Election Officer has no jurisdiction as to the allegations.
The jurisdiction of the Election Officer is set forth at Article I of the Rules:
Pursuant to the Consent Order, the Election Officer has the authority to supervise all phases of the International Union delegate and officer elections, including where necessary, the authority to conduct, overturn or rerun any phase of that election. The Election Officer has the authority to hear and determine, with the Election Appeals Master, protests and appeals concerning the election. The Election Officer is authorized and obligated to certify election results.
Actions of Local Union members and officers are not within the jurisdiction of the Election Officer unless there is a connection between those actions and the 1995-1996 IBT International delegate or officer elections.
Mr. Golubovic states that he received a Local Union Constitution and Bylaws that contained changes made without proper membership approval. Mr. Golubovic alleges that such changes were made with respect to Article XVI--Dates for Nomination and Election of Local Union Officers; Article XVII--Regular Monthly Dues for All Active Members and Reduced Dues for Retirees; and Article XXXV--Death Benefits for Union Members allegedly improperly eliminated from the Local Union Constitution.
The allegation that Local 710 improperly changed Article XVI of its Constitution as it relates to the dates for the nomination and election of local union officers is not within the
jurisdiction of the Election Officer in that it has no reference to any phase of the 1995 - 1996 IBT International Union delegate or officer elections.
The allegations that the Local Union has improperly changed its Constitution with respect to monthly dues for active members and retirees (Article XVII, Sec. 1), and has improperly eliminated a death benefit for members (Article XXXV), are also unrelated to the 1995 - 1996 International Union delegate or officer elections and are therefore not within the jurisdiction of the Election Officer.
Slobodan Golubovic
July 21, 1995
Page 1
Mr. Golubovic also protests that Local Union 710 furnished him "invalid, expired and unapproved agreements, riders and supplements that affect [his] employment." It should be noted that, under the Rules, a candidate for delegate has the right "to inspect and make notes from all collective bargaining agreements (including all modifications, supplements, riders, stipulations and appendices) covering any member of the Local Union." Article VII, Section 1(a). There is no evidence that Mr. Golubovic's request (which was limited to his own collective bargaining agreement) was not honored as required by the Rules. The authority of the Election Officer does not extend to the content of such collective bargaining agreements or any alleged irregularities in their ratification or execution. This allegation, therefore, does not constitute a violation of the Rules.
Mr. Golubovic's allegation that Local Union 710 has "embezzled" union funds by giving an automobile to a retiring business agent in 1989 is similarly beyond the jurisdiction of the Election Officer.
Based upon the foregoing, 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 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.
Mudge, Rose, Guthrie, Alexander & Ferdon
180 Maiden Lane, 36th Floor
New York, NY 10038
Facsimile (212) 248-2655
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
Julie E. Hamos, Regional Coordinator
[1] This "reach-back" protest was filed within the thirty-day period following the final promulgation of the Rules on April 24, 1995, and alleges violations occurring prior to the issuance of the Rules. The Rules at Article XIV, Section 2(a) state:
Protests regarding violations of the [Labor-Management Reporting and Disclosure Act, as amended] (including violations of the IBT Constitution) allegedly occurring prior to the date of issuance of the Rules and protests regarding any conduct allegedly occurring within the first twenty-eight (28) days after issuance of the Rules must be filed within thirty (30) days of the date of issuance, or such protests shall be waived.