March 20, 1996
VIA UPS OVERNIGHT
Walter J. Kilijanski
54 Mott Street
Hamden, CT 06514
Anthony S. Buonpane, Secretary-Treasurer
Teamsters Local Union 443
200 Wallis Street
New Haven, CT 06511
Re: Election Office Case No. P-607-LU443-ENG
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Officer Election (‘Rules”) by Walter J. Kilijanski, a member of Local Union 443. Mr. Kilijanski is protesting that the election-related notices, including the Notice of Nominations and voting instructions, have not been printed in Spanish for members in companies where there are 10 percent or more Spanish-speaking members. The protester is requesting that voting instructions in Spanish be included in the mail ballots for members in the following companies that he alleges has 10 percent or more Spanish-speaking members: PEZ Candy, Universal Distributors, Laidlaw Bus, and Corometrics Medical.
This protest was investigated by Associate Regional Coordinator David Reilly.
Walter J. Kilijanski
March 20, 1996
Page 1
The decision to print election-related notices, including voting instructions, in languages other than English is made by the Election Officer when she approves the local union plan for electing delegates and alternate delegates. Generally, the Election Officer will require Locals to disseminate election-related notices in other languages than English when 10 percent or more of the local’s entire membership speaks another language. Local Union 443 indicated in its proposed local union plan that Spanish-speaking members comprise six percent of the local’s membership. Under the Rules, any member had the right to submit written comments to the Election Officer concerning any aspect of the local union plan, within 15 days of the submission of the plan to the Election Officer. Article II, Section 4(e). The Election Officer did not receive any comments challenging the local union’s claim that six percent of its membership is Spanish-speaking. Since the local’s percentage of Spanish-speaking members of less than 10 percent was unchallenged, the Election Officer did not require that notices or the voting instructions be printed in Spanish. The Election Office has not found evidence that the percentage of Spanish- speaking members in the local union is greater than that set forth in the local union plan. 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 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
David Reilly, Associate Regional Coordinator