March 7, 1996
VIA UPS OVERNIGHT
Terry Post
March 7, 1996
Page 1
Terry D. Post
15 Duran Court
Pacifica, CA 94044
David A. Daneluz, Secretary-Treasurer
Teamsters Local Union 216
1103 Airport Boulevard
South San Francisco, CA 94080
Phil Tarantino
1419 Paloma Avenue
Burlingame, CA 94010
Terry Post
March 7, 1996
Page 1
Re: Election Office Case No. P-574-LU216-CSF
Gentlemen:
A pre-election protest was filed, pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by Terry D. Post, a member of Local Union 216. Mr. Post contended that the Election Officer should not have considered the merits of the protests in Case Numbers E-101-LU216-EOH and
E-110-LU216-EOH.
This protest was investigated by Regional Coordinator Matthew D. Ross.
In those cases, the Election Officer found that because Christopher D. Welsh had failed to meet the membership in good standing requirements of Article VII, Section 1(a) of the Rules, Mr. Welsh was ineligible to run for delegate.
Here, Mr. Post claims that the Election Officer should not have decided the merits of Mr. Welsh’s eligibility. Mr. Post claims that the protests were not filed by an IBT member or were untimely.
Terry Post
March 7, 1996
Page 1
Claims about whether a protest is properly filed or timely, must be raised in response to the protest while it is pending before the Election Officer. No such contentions were made in E-101-LU216-EOH and E-110-LU216-EOH. Mr. Post cannot use the protest process to reopen a prior decision with which he disagrees.
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
Matthew D. Ross, Regional Coordinator