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Office of the Election Supervisor for the International Brotherhood of Teamsters

 

 

 

 

 

 

 

 

 

 

 

 

October 24, 1995

 

VIA UPS OVERNIGHT

 

John R. Cetinske

117 Peak Hill Circle

Nashville, TN 37211

 

Teamsters Local Union 480

1050 Cornelia Street

Nashville, TN 37217

 

Re:  Election Office Case No. P-181-LU480-SCE

 

Gentlemen:

 

A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-96 IBT International Union Delegate and Officer Election (“Rules”) by

John R. Cetinske, a member of Local Union 480.  Mr. Cetinske protests a “Special Notice” issued by the officers of Local Union 480 concerning nominations of candidates for local union office.  The protester contends that the portion of the notice which states that local union officers elected in this election “will be delegates to any Joint Council with which the Local is affiliated as well as to any convention of any subordinate body which may take place during their term of office” is in violation of the RulesThe protester also contends that Local

Union 480 members “moving into CF Freight in Nashville” should be allowed to vote in the local union election and the future delegate election.

 

The protest was investigated by Regional Coordinator Bruce Boyens.

 

On September 15, 1995, Local Union 480 issued a “Special Notice” to all local union members.  The notice, which concerned information about nominations for local union officer positions, stated, in pertinent part:

 


John R. Cetinske

October 24, 1995

Page 1

 

 

[T]hat the candidates elected from such nominees, by virtue of their elections, will be delegates to any Joint Council with which the Local is affiliated as well as to any convention of any subordinate body which may take place during their term of office. Elected Local Union officers shall be delegates to such conventions in order of priority set froth in Article III, Section 5 (a)(1) of the International Constitution or as set forth in the Local Union By-Laws.

 

After receiving the protest, Mr. Boyens contacted the local union.  The local union agreed to insert language into a revised notice issued on October 10, 1995 and into the local union rules, which reads as follows:

 

Elected officers of Teamsters Local Union No. 480 shall not by virtue of their election be delegates to the International Convention to take place in July of 1996.  Secret ballot, rank and file elections shall be conducted in 1996 for such delegates and alternate delegates under the supervision of the Election Officer, Barbara Zack Quindel.

 

The protester agrees with this solution.

 

The protester’s other contention relates to member eligibility to vote in local union elections, which are not within the jurisdiction of the Election Officer, and the eligibility of members who are transferred to Local Union 480 to vote in the delegate election.  If members are transferred to Local Union 480 prior to the delegate election and are in good standing, they will be eligible to vote in the delegate election.  Rules, Article VI, Section 1.  See Jablonski, P-174-LU117-PNW (October 12, 1995).

 

The protest is therefore RESOLVED.

 

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

 


John R. Cetinske

October 24, 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

Bruce Boyens, Regional Coordinator