February 12, 1996
VIA UPS OVERNIGHT
Amadeo E. Bianchi
12921 N.W. Miami Court
North Miami, FL 33168
John Taylor, Secretary-Treasurer
Teamsters Local Union 390
2940 N.W. 7th Street
Miami, FL 33125
Re: Election Office Case No. P-307-LU390-SEC
Gentlemen:
Amadeo E. Bianchi, a candidate for delegate from Local Union 390, filed a protest pursuant to the Rules for the IBT 1995-1996 International Union Delegate and Officer Election (“Rules”). The protester complains that Local Union 390 Secretary-Treasurer
John Taylor failed to give him a complete work-site list and asks, due to the frequent changes in work sites where this local union’s membership is employed, that the list be updated every two weeks.
Mr. Taylor responds that the protest was not timely filed. As to the merits,
Mr. Taylor states that any omissions in the work-site list provided to the protester were inadvertent.
Regional Coordinator J. Griffin Morgan investigated the protests.
Amadeo E. Bianchi
February 12, 1996
Page 1
1. Timeliness
The Rules, at Article XIV, Section 2(b), state, "Except as otherwise provided . . . all preelection protests . . . must be filed within two (2) working days of the day the protester becomes aware or reasonably should have become aware of the action protested or such protests shall be waived."
The Election Officer finds the protest here, filed on January 11, 1996, to be timely because it alleges a continuing violation.
2. Accuracy of Work-site List
Article VIII, Section 1 provides:
(b) Each delegate candidate, each alternate delegate candidate and each nominated or accredited International Officer candidate shall have the right to a current list of all sites, with corresponding addresses, where any and all Local Union members work. Requests for such worksite lists shall be made to the Local Union’s Secretary-Treasurer or principal executive officer in writing and shall be honored within five (5) days. Such worksite lists shall be arranged by employer name.
(c) Under this Section, a nominated or accredited International Officer candidate may inspect and make notes from only those collective bargaining agreements and may only obtain worksite lists covering members of those Local Unions within the jurisdiction of the regional area in which he/she is a candidate.
Local Union 390 represents employees who work at locations where movies are filmed. These locations change frequently.
The protester received a work-site list from the local union dated January 8, 1996. A list dated January 19, 1996 produced by the local union in response to this protest contained 21 additional work sites employing a total of 221 members which were not listed on the earlier list. Given the changing nature of the industry in which some Local Union 390 members work, the provision of a list accurate on a single date does not meet the requirements of the Rules that the candidate be given a “current list of all sites.”
Accordingly, the protest is GRANTED.
The Election Officer is empowered to remedy violations of the Rules by whatever action is appropriate. In order to enforce the protester’s right to a current and accurate list of work sites and given the short time remaining until ballots in this local are counted on
Amadeo E. Bianchi
February 12, 1996
Page 1
March 8, 1996, the Election Officer orders the Local Union 390 Secretary-Treasurer to update the work-site list on a weekly basis. Each Thursday, from the date of this decision until
March 8, 1996, the secretary-treasurer shall mail to each candidate, at his or her home address, an updated copy of the work-site list. The Regional Coordinator will provide the secretary-treasurer with any names and addresses of candidates as needed. On March 1, 1996, the secretary-treasurer shall send to the Election Officer by facsimile an affidavit demonstrating his compliance with this order.
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 and 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
J. Griffin Morgan, Regional Coordinator