January 22, 1996
VIA UPS OVERNIGHT
Oswald Mantucci
January 22, 1996
Page 1
Oswald Mantucci
Teamsters Local Union 669
Labor Temple, 890 Third Street
Albany, NY 12206
John Panetta
4 Corning Street
Albany, NY 12205
Donald Stewart
400 Central Avenue, Apt. 11K
Albany, NY 12206
Oswald Mantucci
January 22, 1996
Page 1
Re: Election Office Case No. E-024-LU669-EOH
Gentlemen:
By letter dated January 8, 1996, Mr. Mantucci protested the eligibility of John Panetta to nominate Brian Koehler to run for alternate delegate to the International convention, and the eligibility of Donald Stewart to second the nomination of Frank Marino for alternate delegate. The protester claims that the actions of Mr. Panetta and Mr. Stewart violated the Rules for the 1995-1996 IBT International Union Delegate and Officer Election ("Rules") because neither was a member in good standing for twenty-four (24) consecutive months prior to the month of nominations, as required by Article VII, Section 1.
Local Union 669 held its nomination meeting on January 3, 1996. Article XIV, Section 2(b) of the Rules mandates that all preelection protests be filed "within two (2) working days of the day when the protestor becomes aware or reasonably should have become aware of the action protested." This category includes protests "regarding eligibility of candidates, nominators and persons seconding nominations."
It is undisputed that Mr. Mantucci attended the nominations meeting on January 3, 1996. This is evidenced by the previous protest filed by Mr. Mantucci on January 4 and the report of the Election Officer's Representative who attended the meeting. See Mantucci,
Oswald Mantucci
January 22, 1996
Page 1
Case No. E-016-LU669-EOH (January 9, 1996); Marino, Case No. P-292-LU669-PGH (January 18, 1996). Accordingly, the Election Officer finds that the protest is untimely under Article XIV, Section 2(b) of the Rules.
For the reasons set forth above, 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 and 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 North 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