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Office of the Election Supervisor for the International Brotherhood of Teamsters

              March 7, 1996




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




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



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. Welshs 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.






Barbara Zack Quindel

Election Officer



cc:               Kenneth Conboy, Election Appeals Master

Matthew D. Ross, Regional Coordinator