January 12, 1996
VIA UPS OVERNIGHT
Richard Opalesky
January 12, 1996
Page 1
Richard Opalesky, Secretary-Treasurer
Teamsters Local Union 623
1911 S. 24th Street
Philadelphia, PA 19145
William Morris
417 Fifth Avenue
Bellmawr, NJ 08031
Ted Carpino
6238 Erdrick St.
Philadelphia, PA 19135
William Shanahan
119 Henderson
Norwood, PA 19074
Richard Opalesky
January 12, 1996
Page 1
Re: Election Office Case No. E-028-LU623-EOH
Protest of Richard Opalesky
Eligibility of William Morris to Run for Delegate
Eligibility of Ted Carpino to Run for Alternate
Eligibility of William Shanahan to Run for Alternate
Gentlemen:
In separate notices each issued on January 4, 1996, the Election Officer determined that William Morris, William Shanahan, and Ted Carpino were eligible to run for delegate or alternate delegate to the IBT’s International convention. By letter received by the Election Officer on January 9, 1995, Richard Opalesky protested the eligibility of Mr. Morris to run for delegate to the IBT convention and the eligibility of Messrs. Shanahan and Carpino to run for alternate delegate to the International convention as defined by the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) because each has charges against him pending before Joint Council 53. According to the protester, if these charges are resolved against Messrs. Morris, Shanahan and Carpino, they would be declared ineligible to “hold or run for any office in Teamsters Local Union 623.”
Richard Opalesky
January 12, 1996
Page 1
In order to be eligible to run for delegate or alternate to the International convention, a member must be in continuous good standing with his local union, with his dues paid to the local union for a period of 24 consecutive months prior to the month of nomination with no interruption in active membership due to suspensions, expulsions, withdrawals, transfers or failure to pay fines or assessments and be employed at the craft within the jurisdiction of the local union for a period of 24 consecutive months prior to the month of nomination. Rules, Article VII, Section 1(a)(1) and (2).
While the resolution of a pending disciplinary action may ultimately affect a delegate’s or alternate delegate’s eligibility to serve, the mere possibility of such a result is not grounds for the Election Officer to reverse her prior determination. As the Election Officer has previously ruled Messrs. Morris, Shanahan, and Carpino eligible, the eligibility finding of the Election Officer stands. 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 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, 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
William Kane, Regional Coordinator