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Office of the Election Supervisor for the International Brotherhood of Teamsters

 

 

 

 

 

 

 

 

 

 

 

 

              February 15, 1996

 

 

 

VIA UPS OVERNIGHT

 


Don Tibbits

February 15, 1996

Page 1

 

 

Don Tibbits

W. 173, S. 7999 Scenic Drive

Muskego, WI 53150

 

Mitchell Jerry Surprise

N. 65, W. 24306 Elm Avenue

Sussex, WI 53089


Members United Slate

Teamsters Local Union 200

6200 W. Bluemound Road

Milwaukee, WI 53213

 

Mike Jackson

Teamsters Local Union 200

6200 W. Bluemound Road

Milwaukee, WI 53213


Don Tibbits

February 15, 1996

Page 1

 

 

Re:  Election Office Case No. E-096-LU200-EOH

 

Gentlemen:

 

Mitchell Jerry Surprise was nominated to run for alternate delegate to the International convention at Local Union 200's nominations meeting on January 9, 1996.  By letter received by the Election Officer on February 12, 1996, Don Tibbits, a member of Local Union 200, protests, among other things, Mr. Surprises eligibility to run for alternate delegate.[1] 

Mr. Tibbits alleges that Mr. Surprise has not been employed in a craft under the jurisdiction of Local Union 200 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").

 


Don Tibbits

February 15, 1996

Page 1

 

 

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. Tibbits's protest was received by the Election Officer on February 12, 1996, 23 working days after the local union's nominations meeting, the time at which

Mr. Tibbits, who is himself a candidate for delegate, became aware or should have become aware that Mr. Surprise was nominated to run for alternate delegate.   See Mantucci, Case

No. E-024-LU669-EOH (January 22, 1996); cf. Webb, Case No. E-031-LU763-EOH

(January 24, 1996).

 

Accordingly, Mr. Tibbits 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

Judy Kuhn, Regional Coordinator

 


[1]Mr. Tibbits also made two allegations of campaign misconduct.  These allegations have been docketed separately from the eligibility portion of Mr. Tibbits’ protest.  They are addressed in P-432-LU200-NCE.