Protest Decisions

October 12, 1995

VIA UPS OVERNIGHT

Luis Porras, et al.

October 12, 1995

Page 1

Luis Porras, et al.

October 12, 1995

Page 1

Re:   Election Office Case Nos.              P-156-LU819-NYC

P-157-LU819-NYC

P-158-LU819-NYC

Gentlemen:

Three protests were filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-96 IBT International Union Delegate and Officer Election ("Rules").  P-156-LU819-NYC was filed by Luis Porras, P-157-LU819-NYC was filed by James Mortimer, and P-158-LU189-NYC was filed by Joseph Miro.  Each protester alleges that he is an “announced candidate for election in Local 819," that he “is being moved from Local Union 819 to Local Union 807" where he will be “ineligible” to run, and that the move is “political.”  Because the protests make similar allegations, they were consolidated by the Election Officer.

The protests were investigated by Protest Coordinator for the New York region Barbara C. Deinhardt.

Luis Porras, et al.

October 12, 1995

Page 1

Mr. Porras, the protester in P-156-LU819-NYC, did not respond to a letter from the Election Officer asking him to supply Ms. Deinhardt with all information relevant to the allegations contained in the protest and the identity of witnesses with information concerning the allegations.  The Election Officer investigator was not able to reach Mr. Porras by telephone as he did not provide his phone number when he filed his protest.  Ms. Deinhardt asked Mr. Miro, the protester in P-158-LU819-NYC, to contact Mr. Porras, but never heard from Mr. Porras.    

Mr. Mortimer orally advised Ms. Deinhardt that he wanted to withdraw his protest but has never stated this in a letter, as requested by the investigator.

Mr. Miro is protesting that his transfer from Local Union 819 to Local Union 807 prevents him from running for election as a local union officer of Local Union 819.  Mr. Miro does not claim that the transfer has any impact on the elections for delegate from the local union to the 1996 International convention or the elections for International officer, or that the transfer was a response to the protester’s affiliation with any candidate for International convention delegate or officer or his interest in running for any such position.  The authority of the Election Officer is to supervise all phases of the International Union delegate and officer election.  Her authority does not extend to elections for office in a local union.  Accordingly, P-158-LU819-NYC is DENIED.

The protesters in P-156-LU819-NYC and P-157-LU819-NYC have failed to provide a clear and concise statement of the alleged improper conduct under the Rules and to fully identify by name each person who or entity which may be a subject of the protest as required by Article XIV, Section 2(d) of the Rules.  Further, no evidence was provided to support either protest as required in Article XIV, Section 1 of the Rules.  For the foregoing reasons, P-156-LU819-NYC and P-157-LU819-NYC are DISMISSED.

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

Luis Porras, et al.

October 12, 1995

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

Arthur A. Wasserman, Regional Coordinator

Barbara Deinhardt, Protest Coordinator for the New York region