April 4, 1996
VIA UPS OVERNIGHT
John Burt
49 Merryfield Drive
Scarborough, Ontario M1P 1J8
Ralph Maze
P.O. Box 1429
Wawa, Ontario P0S 1K0
Re: Election Office Case No. P-675-LU230-CAN
Gentlemen:
A 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 John Burt, a member of Local Union 230. Mr. Burt alleges that a fellow member of Local Union 230, Ralph Maze, distributed campaign literature during working hours via the company’s internal communication system. Mr. Maze is a candidate for delegate at the International convention.
This protest was investigated by Regional Coordinator Gwen K. Randall.
Mr. Maze allegedly distributed campaign material during working hours on March 8 and March 11, 1996, in violation of Article VII, Sections 11(a) and (e) of the Rules. Mr. Burt filed this protest with the Election Officer on March 27, 1996.
Article XIV, Section 2(b) of the Rules requires a protester to file a pre-election protest “within two (2) working days of the day when the protestor becomes aware or reasonably should have become aware of the action protested, or such protest shall be waived.”
Mr. Burt’s protest was filed nearly two weeks after he became aware of the alleged Rules violation. Therefore, Mr. Burt’s protest is untimely.
Based upon the foregoing, the protest is DENIED.
John Burt
April 4, 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
Gwen K. Randall, Regional Coordinator