April 23, 1996
VIA UPS OVERNIGHT
Robert Walston
April 23, 1996
Page 1
Robert D. Walston
7133 S. 86th Avenue
Justice, IL 60458
Eddie Kornegay, Trustee
Teamsters Local Union 743
300 S. Ashland Avenue
Chicago, IL 60607
Des Plaines Publishing Company
1000 Executive Way
Des Plaines, IL 60018
Robert Walston
April 23, 1996
Page 1
Re: Election Office Case No. P-717-LU743-CHI
Gentlemen:
Robert D. Walston, a member of Local Union 743, filed a 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 Local Union 743, through Des Plaines Publishing Company (“Des Plaines”), the mailing service it required delegate candidates to use, unreasonably delayed processing of a campaign mailing by the Take Back Local 743 (“Take Back”) slate because neither the mailing house nor the local union informed the slate that a “pre-sort” letter would be required for the U.S. Postal Service to process the mailing promptly. Mr. Walston also alleges that the competing pro-Carey slate obtained an unfair advantage by using a different mailing service.
Local Union 743 responds that the campaign mailing for the Take Back slate was submitted to Des Plaines on April 5, and taken to the Postal Service the same day. Because of an apparent misunderstanding about processing requirements with personnel at the local post office, there was a delay of a few hours because the mailing had not been properly designated as pre-sorted. The problem was rectified by contacting the postmaster who later that same day, April 5, ordered that the mailing be accepted and processed.
Adjunct Regional Coordinator Dennis M. Sarsany investigated the protest.
Robert Walston
April 23, 1996
Page 1
The facts here are not disputed. The Take Back slate submitted its mailing to Des Plaines on April 5, which processed the mailing the same day, and took it to the post office. After a few hours’ delay, the pre-sort designation requirement was waived because it had not been previously imposed and was unforeseen. The Postal Service then accepted the mailing. The Take Back slate’s mailing was delivered on Monday, April 8.
Article VIII, Section 7(e) requires that the local union “shall exercise all reasonable efforts to insure that . . . campaign literature is processed and distributed in a complete and prompt manner.”
The Election Officer finds that the unforeseen delay of a few hours before the Postal Service waived the pre-sort designation requirement is not unreasonable and, therefore, does not violate the promptness requirement of the Rules. The further delay between April 5 and April 8 in processing the mailing is due to the Postal Service, not to the mailhouse. There is no evidence of any unfair advantage given by the local union to the pro-Carey slate.
Accordingly, and in light of the foregoing, 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
Dennis M. Sarsany, Adjunct Regional Coordinator