Protest Decisions

February 23, 1996

VIA UPS OVERNIGHT

Robert Kronhert

41 Hawthorne Street

Rutherford, NJ 07070

Gregory Druker

Teamsters Local Union 843

446 Morris Avenue

Springfield, NJ 07081

Re:  Election Office Case No. E-090-LU843-EOH

Gentlemen:

At Local Union 843’s nomination meeting on February 4, 1996, Gregory Druker was nominated to run for delegate to the International convention.  By letter received by the Election Officer on February 6, 1996, Robert Kronhert protests the eligibility of Mr. Druker  to run for delegate.  Specifically, Mr. Kronhert alleges that Mr. Druker should be ruled ineligible because of an event Mr. Kronhert alleges to have occurred in September 1995 in which Mr. Druker harassed and threatened former International vice president Gene Giacumbo.  Mr. Kronhert further contends that Mr. Druker has forfeited his eligibility because Mr. Druker did not verify Mr. Kronhert’s eligibility to run for local union office, made in August of 1995, in the time specified by the local union bylaws.

Article VII, Section 1(a) of the Rules for the IBT 1995-1996 International Union Delegate and Officer Election (“Rules”) provides:

Robert Kronhert

February 23, 1996

Page 1

(a) To be eligible to run for any Convention delegate, alternate delegate or International Officer position, one must:

(1) Be a member in continuous good standing of the Local Union, with one’s dues paid to the Local Union for a period of twenty-four (24) consecutive months prior to the month of nomination for said position with no interruptions in active membership due to suspensions, expulsions, withdrawals, transfers or failure to pay fines or assessments;

(2) Be employed at the craft within the jurisdiction of the Local Union for a period of twenty-four (24) consecutive months prior to the month of nomination; and

(3) Be eligible to hold office if elected.

Mr. Druker’s TITAN record for the relevant months reveals that his dues for that period were timely posted.  Mr. Kronhert’s contentions concerning Mr. Druker’s allegedly harrassing conduct were raised in a prior protest and rejected as untimely by the Election Officer.[1]  In addition, Mr. Kronhert’s allegations concerning the tardiness of the eligibility determination for local union office made by Mr. Druker do not appear to have any connection to the election of International officer and delegate election and, as a result, fall outside the jurisdiction of the Election Officer.

Accordingly, it is the determination of the Election Officer that Mr. Druker is eligible to run for delegate to the International convention.

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

Robert Kronhert

February 23, 1996

Page 1

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

Peter V. Marks, Sr., Regional Coordinator