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Office of the Election Supervisor for the International Brotherhood of Teamsters

              March 13, 1996





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




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 Officers 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.






Barbara Zack Quindel

Election Officer



cc:               Kenneth Conboy, Election Appeals Master

Benetta Mansfield, Protest Chief