OFFICE OF THE ELECTION OFFICER
for the INTERNATIONAL BROTHERHOOD OF TEAMSTERS
400 N. Capitol Street NW, Suite 855
Washington, DC 20001
(202) 624-3500
(800) 565-VOTE
Facsimile (202) 624-3525
Barbara Zack Quindel Milwaukee Office:
Election Officer Perry, Lerner & Quindel, S.C.
823 N. Cass Street
Milwaukee, WI 53202
(414) 272-7400
July 10, 1995
VIA UPS OVERNIGHT
Slobodan Golubovic
5908 S. Western Avenue
Clarendon Hills, IL XXX-XX-XXXX
Frank J. Wsol, Principal Officer
Local Union 710
4217 Halstead Street
Chicago, IL 60609
RE: Election Office Case No. P-031-LU710-CHI
Gentlemen:
This 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 Elections (“Rules”) by Slobodan Golubovic, a member of Local Union 710, by letter dated May 8, 1995.[1] The protest alleges that Local Union 710 has acted improperly by raising officers’ salaries and by suspending Golubovic from the Local Union in retaliation for his union activities.
Slobodan Golubovic, Frank J. Wsol
July 10, 1995
Page 1
The protest was investigated by Regional Coordinator Julie E. Hamos. It is the position of the Local Union that the Election Officer has no jurisdiction over the events described in the protest.
The jurisdiction of the Election Officer is set forth at Article I of the Rules:
Pursuant to the Consent Order, the Election Officer has the authority to supervise all phases of the International Union delegate and officer elections, including where necessary, the authority to conduct, overturn or rerun any phase of that election. The Election Officer has the authority to hear and determine, with the Election Appeals Master, protests and appeals concerning the election. The Election Officer is authorized and obligated to certify election results.
Actions of Local Union members and officers are not within the jurisdiction of the Election Officer unless there is a connection between those actions and the 1995-1996 IBT International Union delegate or officer elections.
Acting to increase officer salaries is a Local Union affair which is not within the jurisdiction of the Election Officer. This allegation of the protest does not, therefore, raise a violation of the Rules.
The other allegation involves internal union charges brought by another member of Local Union 710 against the protestor, Golubovic. These charges were heard in August 1994 by the Local Union Trial Board based on events which occurred prior to that time. A decision was issued on January 6, 1995, finding Golubovic guilty of attacking another member and imposing a one-year suspension and fine equal to the cost of the transcript.[2]
Golubovic alleges that the bringing of charges and finding against him was based on his “political and union activities.” The charges filed against Golubovic, however, relate to conduct that occurred in May 1992 and June 1994. The investigation of this matter fails to reveal any connection between these internal union charges and the 1995-1996 I.B.T. International Union delegate or officer elections.
Based on the foregoing, the protest is DENIED.
Slobodan Golubovic, Frank J. Wsol
July 10, 1995
Page 1
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.
[2]Thereafter, Golubovic appealed the decision of the Local Union Trial Board to Joint Council 25. On May 25, 1995, Joint Council 25 dismissed the case and the penalties imposed by the Local Union Trial Board. On June 7, 1995, the member who brought the internal union charges appealed the decision of the Joint Council 25 to the IBT General Executive Board.