March 27, 1996
VIA UPS OVERNIGHT
Gary Lewis
65 Broadway
Hackensack, NJ 07601
Joseph Padellaro, Trustee
Teamsters Local Union 999
6-7 Village Square East
Botany Village
Clifton, NJ 07011
Re: Election Office Case No. P-569-LU999-PNJ
Gentlemen:
This protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by Gary Lewis, a member of Local Union 999. The protester alleges that Local Union 999’s notice of nominations for the delegate election contained a misspelling and an omission which violated the Rules.
The protest was investigated by Regional Coordinator Peter V. Marks, Sr.
The investigation revealed that on February 27, 1996, Joseph Padellaro, trustee of Local Union 999, issued a notice of nominations which did not include Herbert Sandford on the list of delegate candidates. In the list of alternate delegate candidates, James Mundy’s name is spelled “James Rhunndy.”
Gary Lewis
March 27, 1996
Page 1
These errors were brought to the attention of the Regional Coordinator, who then contacted Mr. Padellaro and requested that he post a corrected notice. As a result, on March 5, 1996, Mr. Padellaro issued a new notice which included Mr. Sandford and correctly spelled
Mr. Mundy’s name.[1]
The defects in the notice protested by Mr. Lewis have since been corrected. Accordingly, the protest is RESOLVED.
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
Peter V. Marks, Sr., Regional Coordinator
[1]Mr. Padellaro’s failure to include Mr. Sandford’s name on the list of nominated candidates has been previously dealt with in Sandford, E-109-LU999-EOH (March 6, 1996), remanded on other grounds, 96 - Elec. App. - 129 (KC) (March 14, 1996).