March 13, 1996
VIA UPS OVERNIGHT
Anthony S. Montante
64 Seneca Avenue
Oneida Castle, NY 13421
Kenneth Conboy, Election Appeals Master
Latham & Watkins
855 Third Avenue
New York, NY 10022
Re: Election Office Case No. P-544-EAM-EOH
Gentlemen:
Anthony S. Montante, a member of Local Union 317, filed this pre-election 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 the Election Appeals Master has violated Article XIV, Section 2(l) of the Rules by failing to issue a written decision in the appeal of the Election Officer’s decision in Montante, P-397-LU317-PGH (February 6, 1996) within three days of the conclusion of the appeal hearing held February 14, 1996, pursuant to Article XIV, Section 2(l) of the Rules.
The protest was investigated by Protest Chief Benetta Mansfield.
The protester asserts that the decision of the Election Appeals Master in the appeal of Montante, supra, heard February 14, 1996, should have been issued on February 20, 1996, taking into account the federal holiday of Presidents’ Day, observed on February 19, 1996. The decision of the Election Appeals Master in the matter, In Re: Teamsters Local Union 317 “Rank and File for Carey” Slate, 96 - Elec. App. - 91 (KC) (February 20, 1996), did in fact issue on February 20, 1996.
Accordingly, the protest is DENIED.
Anthony Montante
March 13, 1996
Page 1
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
Benetta Mansfield, Protest Chief