February 23, 1996
VIA UPS OVERNIGHT
Anthony Fiori
5917 South Nashville
Chicago, IL 60638
Re: Election Office Case No. P-491-LU726-EOH
Dear Sir:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Officer Election (“Rules”) by Anthony Fiori, a member of Local Union 726. Mr. Fiori protests the method by which Godfrey Rafferty was nominated at the nomination meeting held on February 16, 1996. Specifically, the protester states that the Election Officer’s representative took too much time between asking if there were any more nominations and closing nominations, thereby improperly permitting the nomination of Mr. Rafferty.
This protest was supervised by Election Office Protest Chief Benetta Mansfield.
The nomination meeting for Local Union 726 was conducted on February 16, 1996. The Election Officer’s representative at the meeting was Regional Coordinator Julie Hamos. During the meeting, after one slate of candidates were nominated, Ms. Hamos asked twice whether there were any more nominations. After the second time and prior to the close of nominations, other candidates were nominated for the delegate and alternate positions. Mr. Fiori complains that the local union’s “three gavel rule” was not in effect; under Robert’s Rules of Order, the question should have only been asked once, and the conduct of the meeting was not proper under “any rules of order.”
Anthony Fiori
February 23, 1996
Page 1
Representatives of the Election Officer are appointed by the Election Officer to oversee the delegate election process. Their primary role in this process is to enforce the Consent Order provisions and the Rules to ensure that the delegate selection process is open to all who wish to participate. This process is best served by holding the nominations open so that all who wish to participate may do so.
The Election Officer finds the actions of Ms. Hamos were not only proper, but well-served the intent of the Rules.
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 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
Julie Hamos, Regional Coordinator