July 19, 1996
VIA UPS OVERNIGHT
Lucy Koszyk
July 19, 1996
Page 1
Lucy Koszyk
Teamsters Local Union 743
300 S. Ashland Avenue
Chicago, IL 60607
Ron Carey, General President
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
John Sullivan, Associate General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
Lucy Koszyk
July 19, 1996
Page 1
Re: Election Office Case No. CONV-40-IBT
Gentlepersons:
Lucy Koszyk, a member of Local Union 743, filed a protest pursuant to the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) against
Ron Carey, in his capacity as International general president. The protester objects to her exclusion from the Convention floor on Monday afternoon, July, 15, 1996.
Ms. Koszyk stated that she was invited to attend the 25th Teamsters International Convention as a guest and appeared only at great personal financial sacrifice. She further expressed the view that, as a member of the IBT, she has a right to observe the Convention proceedings and now seeks reimbursement for her expenses.
The issue of the propriety of excluding retirees and guests from the Convention floor was reviewed in Branch, CONV-22-IBT, et seq. (July 18, 1996). In that case, the Election Officer stated:
Lucy Koszyk
July 19, 1996
Page 1
The Election Officer has exclusive authority over the election and credentialing of elected Convention delegates and alternate delegates. During Convention proceedings, she has exclusive authority over the processes for nominating International officer candidates and for voting on those nominations. The Rules protect the rights of elected delegates to participate in those processes. Halberg, CONV-21-IBT (July 17, 1996).
The Election Officer does not credential guests or retirees at this Convention. Such persons may not participate in the electoral processes protected by the Rules. Thus, the decisions of the IBT or Mr. Carey with respect to admitting or excluding such persons from the Convention floor during non-electoral proceedings generally fall outside the scope of the Election Officer’s jurisdiction and the protection of the Rules.
The protester was excluded from the Convention floor under the same circumstances as those described in Branch. Ms. Koszyk has presented no position or submitted any evidence to justify a reconsideration of the decision issued in Branch.
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