May 16, 1996
VIA UPS OVERNIGHT
Richard Vigil
May 16, 1996
Page 1
Richard Vigil
1265 Westgate Avenue #6
Los Angeles, CA 90025
Randy Cammack, Secretary-Treasurer
Teamsters Local Union 63
379 W. Valley Boulevard
Rialto, CA 92376
Driftwood Dairy
10724 Lower Azusa Road
El Monte, CA 91731
Santee Dairies
231 E. 23rd Street
Los Angeles, CA 90011
Martin Wald
Schnader, Harrison, Segal & Lewis
1600 Market Street, Suite 3600
Philadelphia, PA 19103
Richard Vigil
May 16, 1996
Page 1
Re: Election Office Case No. P-752-LU63-CLA
Gentlemen:
Richard Vigil, a member of Local Union 63 and a candidate for delegate, 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 he was denied work-site access to distribute literature in parking lots and to post literature on the bulletin boards at three employers: United Parcel Service (“UPS”), Santee Dairies, and Driftwood Dairy. He also alleges that he was harassed due to his candidacy for delegate when Greg Roth, a Local Union 63 business representative, sent him a letter asking him to immediately remove his pickup truck from the parking lot at a hiring hall and warning him that the truck would be towed if it was not removed. Twelve days later, the truck was towed.
Regional Coordinator Dolly M. Gee investigated the protest.
Richard Vigil
May 16, 1996
Page 1
Mr. Vigil attempted to distribute literature at UPS on April 6 and 11, 1996, at Driftwood Dairy on April 18, and at Santee Dairies on April 19. The letter telling him to move his truck was dated April 4; the truck was towed April 16. Despite the dates of these incidents, Mr. Vigil did not file this protest until April 26, far more than four working days after the last of the incidents of which he complains.
Article XIV, Section 2(b) of the Rules requires protesters to file “within two (2) working days of the day when the protestor becomes aware or reasonably should have become aware of the action protested.” The short time limits are important to ensuring that alleged violations of the Rules are quickly brought to the attention of the Election Officer in order to afford the greatest opportunity for applying an effective remedy if a violation is found.
The Election Officer finds that each of the allegations in the protest is untimely.
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
Dolly M. Gee, Regional Coordinator