THE OFFICE OF THE ELECTION OFFICER
for the INTERNATIONAL BROTHERHOOD OF TEAMSTERS
400 N. Capitol Street, NW
Suite 855
Washington, DC 20001
(202) 624-3500
(202) 624-3525 Fax
Barbara Zack Quindel Milwaukee Address:
Election Officer Perry, Lerner & Quindel
823 North Cass Street
Milwaukee, WI 53202
414-272-7400
414-272-7450 Fax
July 10, 1995
Slobodan Golubovic
5908 S. Western Ave.
Clarendon Hills, IL 60514
Frank J. Wsol, Secretary Treasurer
Local Union 710
4217 N. Halsted Road
Chicago, IL 60609
Thomas Zitt, Terminal Manager
Cassens Transport Company
3401 Liberty Street
Aurora, IL 60504
RE: Election Office Case No. P-028-LU710-CHI
Gentlemen:
Slobodan Golubovic, et al.
July 10, 1995
Page 1
A pre-election protest was filed pursuant to Article XIV, Section 2 (a) of the Rules for the 1995-1996 I.B.T. International Union Delegate and Officer Election (“Rules”) by Slobodan Golubovic, a member of Local 710, by letter dated May 8, 1995.[1] Golubovic claims that his employer, Cassens Transport Company, in an attempt to make him ineligible to be a candidate for the delegate election, made an improper dues deduction for the pay period ending February 18, 1995, manipulated his dues for the pay period ending March 26, 1994, and deducted the proper amount of dues for the pay period ending September 24, 1994, but never transmitted the dues amount to Local Union 710. Golubovic also alleges that Local Union 710 is involved in the manipulation of his dues to make him ineligible to be a candidate.
The protest was investigated by Regional Coordinator Julie E. Hamos. In response to the protest, Frank J. Wsol, Secretary-Treasurer of Local Union 710, asserts that the protest is invalid because it does not specify what rule has been allegedly violated. Further, Secretary-Treasurer Wsol writes that Golubovic has never been declared ineligible to be a candidate for delegate or any Local Union office and that the Local Union records reflect that he is currently a member paid through July 1995.
There has been no finding that Golubovic is ineligible to be a candidate. Thus, there is no issue with regard to the 1995-1996 IBT International Union delegate election before the Election Officer at this time. The protest is, therefore, DENIED.
If any interested party is not satisfied with this determination, they may request a hearing before the Election Appeals Master within one day of their 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.
Mudge, Rose, Guthrie, Alexander & Ferdon
180 Maiden Lane, 36th Floor
New York, NY 10038
Fax (212) 248-2655
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
Julie Hamos, Regional Coordinator
[1]This “reach-back” protest was filed within the thirty day period following the final promulgation of the Rules on April 24, 1995, and alleges violations occurring prior to the issuance of the Rules. The Rules at Article XIV, Section 2(a), state:
Protests regarding violations of the [Labor-Management Reporting and Disclosure Act, as amended] (including violations of the IBT Constitution) allegedly occurring prior to the date of issuance of the Rules and protests regarding any conduct allegedly occurring within the first twenty-eight (28) days after issuance of the Rules must be filed within thirty (30) days of the date of issuance, or such protests shall be waived.