February 6, 1996
VIA UPS OVERNIGHT
Michael K. Johnson
February 6, 1996
Page 1
Michael K. Johnson
P.O. Box 160
Orting, WA 98360
Bruce Retrum
3801 Colgate Avenue
Minneapolis, MN 55410
Mary Don Erskine, President
Teamsters Local Union 2000
2850 Metro Drive, Suite 225
Bloomington, MN 55425
Michael K. Johnson
February 6, 1996
Page 1
Re: Election Office Case No. E-078-LU2000-EOH
Gentlemen:
On January 16, 1996, Bruce E. Retrum was nominated to run for delegate to the International convention at Local Union 2000's nomination meeting. By letter received by the Election Officer on January 31, 1996, Michael K. Johnson protests Mr. Retrum’s eligibility to run for delegate, alleging that Mr. Retrum did not work in a craft under the jurisdiction of the local union for 24 consecutive months prior to his nomination, as required by the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”).
Article XIV, Section 2(b) of the Rules requires preelection protests, including those "regarding eligibility of candidates," to 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." As stated above, Mr. Johnson's protest was received by the Election Officer on January 31, 1996, 11 working days after the local union's nomination meeting.
Michael K. Johnson
February 6, 1996
Page 1
In his protest, Mr. Johnson contends that he did not become aware of Mr. Retrum’s nomination until January 30, 1996 and that he had seen no official posting regarding nominations at his work place. Mr. Johnson is employed at Northwest Airlines’ Seattle base as a flight attendant. On January 23, 1996, Mollie E. Reiley, secretary-treasurer of Local Union 2000, submitted an affidavit to the Election Officer in which she confirmed that the candidate list and notice of election had been posted on all local union bulletin boards. Attached to this document was an affidavit signed by William Rainey, the local union’s Seattle base representative, in which he states he posted the candidate list and notice of election at the Seattle base on January 19 at 4:00 p.m.
Mr. Johnson should reasonably have become aware of Mr. Retrum’s nomination, at the very latest, when the candidate list was posted at his base. The eight working days that separated this posting from the filing of Mr. Johnson’s protest constitutes an unreasonable delay. See Mantucci, E-024-LU669-EOH (January 22, 1996); cf. Webb, E-031-LU763-EOH (January 24, 1996).
Accordingly, Mr. Johnson's protest is untimely under the Rules and 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 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
Judith Kuhn, Regional Coordinator