February 26, 1996
VIA UPS OVERNIGHT
Mike Rogers, President
Teamsters Local Union 328
517 Ludington Street
Escanaba, MI 49829
William T. Nelson
6387 N. 5th Street
Wells, MI 49894
Re: Election Office No. P-407-LU328-MGN
Gentlemen:
A pre-election protest was filed in pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by Mike Rogers, president of Local Union 328. Mr. Rogers’ protest alleges that the slate of candidates for delegate which opposes the slate of which he is a member has been given an “undue advantage” when a member of his slate was found to be ineligible to run as a candidate for delegate.
The protest was investigated by Regional Coordinator William A. Wertheimer, Jr.
On January 19, 1996, the Election Officer determined William T. Nelson ineligible as a candidate for delegate from local union 328. See Election Office Case No. E-022-LU328-EOH. Mr. Nelson appealed. The Election Appeals Master heard the matter on January 29, 1996. On January 30, 1996 the Election Appeals Master affirmed the Election Officer in all respects. See Nelson, 95 - Elec. App. - 64 (KC) (January 30, 1996).
Mike Rogers
February 26, 1996
Page 1
In this protest, Mr. Rogers asks that the eligibility of Mr. Nelson again be reviewed. He also seeks a new nomination meeting and permission for his slate to move an alternate delegate into the slot necessarily vacated by Mr. Nelson’s ineligibility. He further asks that the ballots, which were mailed to members of Local Union 328 on February 7, 1996, be “held-up or voided so we can get a proper plan for campaigning.”
The relief which Mr. Rogers requests is not available under the Rules. Article XIV, Section 2(l) provides that the decision of the Election Appeals Master is “effective and binding as of its issuance unless it is stayed or overturned by the court.” The court referred to in
Article XIV is the United States District Court for the Southern District of New York, the Honorable David M. Edelstein presiding.
The eligibility of William T. Nelson has been heard and decided both by the Election Officer and the Election Appeals Master. Under the Rules, these decisions are now final and binding. The Election Officer will not revisit the matter. For the foregoing reasons, the protest is DENIED.
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
William A. Wertheimer, Jr., Regional Coordinator