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Office of the Election Supervisor for the International Brotherhood of Teamsters

              November 6, 1996





John Cetinske

117 Peak Hill Circle

Nashville, TN  37211


Diana Kilmury, Vice President

International Brotherhood of Teamsters

2612 E. 47th Avenue

Vancouver, BC  V5S 1C1


Re:  Election Office Case No. P-1182-LU480-EOH




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

John Cetinske, a member of Local Union 480.  Mr. Cetinske challenges the eligibility of Diana Kilmury, International vice president-at-large, to run for reelection.  Mr. Cetinske contends that because the United States Teamsters and Teamsters Canada are now separate unions, Ms. Kilmury, as a member of Teamsters Canada, is not eligible to serve in the position of International vice president-at-large.


Election Office Staff Attorney Jonathan K. ONeill investigated the protest.


Article IV, Section 5(o) of the Rules states, in relevant part:


John Cetinske

November 6, 1996

Page 1



Any protest with respect to the eligibility of a person nominated from the floor as a candidate for International office must be filed within one (1) hour of the close of floor nominations for that office.  Any other protest with respect to the nomination or election at the Convention of a candidate for International office where the remedy sought is disqualification of the candidate must be filed no later than one (1) hour after announcement of the results of the secret ballot nomination vote for that office.  These time limitations shall not be construed so as to extend the time for filing a protest which would otherwise be governed by

Article XIV of the Rules.


This section of the Rules was intended to insure swift investigation and resolution of allegations concerning the eligibility of nominated International officer candidates. 


Ms. Kilmury was nominated to run for the position of vice president-at-large at the IBT Convention in Philadelphia, Pennsylvania on July 17, 1996, in accordance with the Rules.  The results of the secret-ballot nomination were released on July 18, 1996.  Mr. Cetinskes protest challenging Ms. Kilmurys eligibility was received by the Election Officer on November 4, 1996.  As a result, 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, D.C. 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