December 4, 1996
VIA UPS OVERNIGHT
Patti Anderson
Teamsters Local Union 912
163 W. Lake Avenue
Watsonville, CA 95076
Re: Election Office Case No. P-1297-LU912-EOH
Dear Ms. Anderson:
A pre-election 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
Patti Anderson, a member of Local Union 912. Ms. Anderson alleges that the Election Officer has failed to mail ballots to 15 members of Local Union 912.
Election Office Staff Attorney Jonathan K. O’Neill investigated the protest.
During the investigation, the local union provided a list of 10 members who did not receive ballots. Each of these members is employed in the seasonal food industry. More than 10 percent of the members of the local union are so employed. Under the Rules, members in the seasonal food industry who belong to local unions where 10 percent or more of the membership is also employed in the seasonal food industry are eligible to vote if they have worked in the 12 months prior to the election and have paid their dues through the last month of their employment. Rules, Article VI, Section 1(d). Therefore, the Election Officer sends ballots to seasonal food industry employees whose records indicate they worked during the
12 months prior to the compilation of the general mailing list. The investigation revealed that the members referenced by the protester did not receive ballots because their records reflected no dues postings for the 12-month period prior to the preparation of the mailing list. Because of these posting records, the referenced members were not included on the initial ballot mailing list.
Patti Anderson
December 14, 2016
Page 1
In preparing for this mail ballot election, the Election Officer recognizes that, for a variety of reasons, some small fraction of members who are eligible to receive a ballot may not get one in the initial mailing. Because of this, the Election Officer operates a toll-free telephone number, (800) 691-2221, that members may call to request a ballot. A reminder to call the toll-free number if one does not receive a ballot is contained in the Notice of Election, published in English, French and Spanish in the October and November/December issues of The Teamster magazine. The Rules also require the Notice of Election to be posted on all local union bulletin boards at work sites.
After the initial ballot mailing, individual members must call the toll-free line in order to receive a ballot. Accordingly, after the submission of this protest, the local union was informed that the members referenced in the protest should individually contact the toll-free number to request a ballot.
As a result of 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 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, 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