February 28, 1996
VIA UPS OVERNIGHT
Anthony Montante
February 28, 1996
Page 1
Anthony S. Montante
64 Seneca Avenue
Oneida Castle, NY 13421
Shawn Shanahan
R.D. 1, Falls Road
Chittenango, NY 13037
Everett L. Campbell, Secretary-Treasurer
Teamsters Local Union 317
566 Spencer Street
Syracuse, NY 13204
Anthony Montante
February 28, 1996
Page 1
Re: Election Office Case Nos. P-421-LU317-PGH
P-422-LU317-PGH
P-438-LU317-PGH
CORRECTED
Gentlemen:
Anthony Montante, a candidate for delegate from Local Union 317, filed three protests pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) against Local Union 317. Because the protests involve the same parties and in significant part, similar facts and legal issues, the Election Officer has consolidated the three protests for decision.
Regional Coordinator William B. Kane investigated the protests.
I. Posting of Local Union Plan Summary
In P-421-LU317-PGH, Mr. Montante protested the failure of Local Union 317 to post the local union plan summary at his work site, United Parcel Service on Northern Boulevard in East Syracuse, New York.
Anthony Montante
February 28, 1996
Page 1
The local union advises that it sent copies of the plan summary to its stewards by notice dated December 18, 1995, instructing them, consistent with Article II, Section 4(h) of the Rules, that the notice was to be posted immediately on work-site bulletin boards and was to remain on the bulletin boards throughout the entire delegate nomination and election period.
The investigation disclosed, and the local union acknowledges, that on February 19, 1996, the local union plan summary was posted on only one of the five bulletin boards at the protester’s work site. Upon learning of this, the local union posted the plan summary on each bulletin board at the protester’s work place.
Under these circumstances, the Election Officer concludes that further processing of this allegation is unwarranted because it has been addressed and remedied. Accordingly, this portion of the protest is deemed RESOLVED.
II. Posting Nomination List
Article II, Section 6(a) of the Rules requires the posting of nomination results within five days of the nomination meeting. Local Union 317 held its nomination meeting on
January 28, 1996. On February 1, 1996, after reviewing slate declaration forms submitted to him, the Regional Coordinator sent a copy of the nomination results by facsimile to the Local Union 317 secretary-treasurer. Shortly thereafter, when a question arose as to the legitimacy of one of the signatures on a slate declaration form, the Regional Coordinator advised the local union not to post the nomination results.
The protester then filed P-421-LU317-PGH, in which he protested the failure of the local union to post the nomination results at his work site. The Election Office finds that the Regional Coordinator validly instructed the local union to delay the posting of the nomination notice until his investigation was completed and she had made her determination as to forgery on one of the slate-declaration forms. Subsequently, the Election Officer found in Shanahan, Case No. P-397-LU317-PGH (February 6, 1996), aff’d, 96 - Elec. App. - 91 (February 20, 1996), that a signature on a slate-declaration form had been forged and ordered that a revised list of candidates be posted.
The protester appealed the Election Officer’s decision in Shanahan, supra. After filing his appeal, and prior to the appeal hearing, the protester filed P-438-LU317-PGH, in which he contended that local union remained obligated to post the original nomination results because the Election Officer’s decision in Shanahan was not final and binding.
The protester’s reasoning with respect to the effect of a decision of the Election Officer is incorrect. The Election Appeals Master has held that an order of the Election Officer takes immediate effect against a party found to be in violation of the Rules, unless the party obtains a stay from the Election Officer. In Re: Lopez, 96 - Elec. App. - 73 (KC) (February 13, 1996). Mr. Montante did not seek a stay in Shanahan. Thus, the Election Officer’s order in that decision to post a revised list of the nomination results was effective upon the decision’s issuance.
Anthony Montante
February 28, 1996
Page 1
Subsequently, in an opinion dated February 20, 1996, the Election Appeals Master affirmed the decision of the Election Officer in Shanahan. Pursuant to Article XIV,
Section 3(i) of the Rules, this decision is also “effective and binding as of its issuance unless it is stayed or overturned by the Court.” Accordingly, P-438-LU317-PGH, seeking posting of the nomination results without the revision ordered in Shanahan is DENIED.
III. Harassment
In P-422-LU317-PGH, Mr. Montante alleges there was interference with
Mr. Shanahan’s right to run for delegate because Local Union Secretary-Treasurer
Everett Campbell threatened and harassed Mr. Shanahan in a telephone conversation on February 2, 1996. The protester claims that he learned of the alleged interference in a conversation between the protester and Mr. Shanahan on February 7, 1996 in the employee parking lot at Yellow Freight in East Syracuse, New York, where Mr. Shanahan is employed. Mr. Shanahan, however, states that Mr. Montante “misunderstood” the conversation and denies that Mr. Campbell ever threatened, harassed or otherwise interfered with his right to run for delegate. Mr. Montante provided no other evidence to support his protest aside from the characterization of his conversation with Mr. Shanahan, which Mr. Shanahan refutes. 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 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
William B. Kane, Regional Coordinator