July 18, 1996
VIA FACSIMILE
Genaro Rodriguez
Hilton Hotel
Cherry Hill, NJ
Fax (609) 486-7786
VIA HAND DELIVERY
Genaro Rodriguez
July 18, 1996
Page 1
Ron Carey, General President
International Brotherhood of Teamsters
Pennsylvania Convention Center
Room 110
Philadelphia, PA
John Sullivan, Associate General Counsel
International Brotherhood of Teamsters
Pennsylvania Convention Center
Room 110
Philadelphia, PA
Genaro Rodriguez
July 18, 1996
Page 1
Re: Election Office Case No. CONV-37-IBT
Gentlemen:
Genaro Rodriguez, a member of Local Union 714 and delegate, filed a protest pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”) alleging that he was improperly removed from the floor of the Teamsters 25th International Convention.
Election Office Representative Chris Corson investigated this protest.
Mr. Rodriguez states that he was addressing the Convention in Spanish at approximately 3:30 p.m. on July 17, 1996 when he was accused of directing profanity at General President Ron Carey as Convention chair. Mr. Rodriguez was ejected from the hall on that basis.
Genaro Rodriguez
July 18, 1996
Page 1
At approximately 4:15 p.m., Mr. Carey announced from the podium that upon the IBT’s review of a tape of Mr. Rodriguez’s address, it appeared that Mr. Rodriguez did not direct profanity at the chair. Mr. Carey further announced that Mr. Rodriguez would be readmitted to the hall.
The business on the Convention floor during the events involved in this protest was not connected to the electoral processes under the jurisdiction of the Election Officer. Without a clear connection to such processes, the Election Officer declines to review Convention parliamentary procedures. Szymanski, CONV-9-IBT, et seq. (July 16, 1996).
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, Pennsylvania Convention Center, Room 204, Facsimile (202) 418-2426. A copy of the protest must accompany the request for a hearing.
Sincerely,
Barbara Zack Quindel
Election Officer
cc: Kenneth Conboy, Election Appeals Master