February 28, 1996
VIA UPS OVERNIGHT
Daniel H. Carroll
February 28, 1996
Page 1
Daniel H. Carroll
6535 Lakewood Boulevard, S.W.
Tacoma, WA 98499
Patrick Swanson, Secretary-Treasurer
Teamsters Local Union 313
220 S. 27th Street
Tacoma, WA 98402
Bill Brennan
6521 N. Hale
Tacoma, WA 98407
Daniel H. Carroll
February 28, 1996
Page 1
Re: Election Office Case No. P-404-LU313-PNW
Gentlemen:
Daniel H. Carroll, a candidate for delegate from Local Union 313, filed a protest pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) alleging that Local Union 313 failed to provide him with a complete list of work sites, as required by the Rules.
Regional Coordinator Christine Mrak investigated the protest.
This is Mr. Carroll’s second protest concerning an incomplete work-site list from the local union. In Carroll, P-279-LU313-PNW (January 23, 1996), the Election Officer granted a protest by Mr. Carroll, finding that although Local Union 313 ultimately provided him with a complete work-site list, the initial failure of the local union to provide a complete list violated the Rules.
Daniel H. Carroll
February 28, 1996
Page 1
Here, however, the investigation of the protest revealed that while certain work sites identified by the protester were in fact omitted from the most recent list provided by the local union, these work sites were temporary, transient, had not been disclosed by the employer to the local union, or were not covered by the collective bargaining agreement between an employer and the local union. The protester has received clarification concerning the missing work sites he cited and where applicable, the names and addresses of missing work sites.
Under these circumstances, the Election Officer concludes that further processing of this protest is unwarranted. The protester’s complaints, as stated in this protest, have been addressed, and the relief requested has been achieved. Accordingly, this protest is now 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
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
Christine M. Mrak, Regional Coordinator