March 1, 1996
VIA UPS OVERNIGHT
William Nelson
March 1, 1996
Page 1
William T. Nelson
6387 N. 5th Street
Wells, MI 49894
Gary LaPlant, Secretary-Treasurer
Teamster Local Union 328
517 Ludington Street
Escanaba, MI 49829
Judi Charon
1310 2nd Avenue, S.
Escanaba, MI 49829
Tom Casey
604 Walworth
Kingford, MI 49801
Jack Schaaf
Route 2, Box 404
Chassell, MI 49916
William Nelson
March 1, 1996
Page 1
Re: Election Office Case No. P-417-LU328-MGN
Gentlepersons:
William T. Nelson, a member of Local Union 328, was found ineligible to run for delegate by the Election Officer. This decision was affirmed by the Election Appeals Master. Nelson, E-022-LU238-EOH (January 19, 1996), aff’d, 95 - Elec. App. - 64 (KC) (January 30, 1996). After the decision of the Appeals Master was issued, Mr. Nelson 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”). The protester alleges that his local union executive board discriminated against him by refusing, at a January 29, 1996 meeting, to grant him a waiver pursuant to Article VII, Section 2(d) of the Rules so that he could be eligible to run for delegate.
Regional Coordinator William A. Wertheimer, Jr. investigated this protest.
William Nelson
March 1, 1996
Page 1
Article VII, Section 2(d) provides:
The requirements of continuous good standing and working in the jurisdiction may be excused or modified in the case of any officer, employee or member on leave of absence granted with the approval of the Local Union Executive Board on a nondiscriminatory basis.
If, as this protest seems to suggest, Article VII, Section 2(d) could be applied retroactively to enable a candidate to become eligible after the Election Officer determined the member ineligible, such a procedure would render meaningless the Rules defining eligibility and the procedure to determine eligibility. Having been found ineligible by the Election Officer, whose decision was affirmed by the Election Appeals Master, this protest is moot.
Accordingly, 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 N. Capitol Street, Suite 855, Washington, DC 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