July 19, 1996
VIA UPS OVERNIGHT
Kris Taylor & Henry Radovanovic
July 19, 1996
Page 1
Kris Taylor
4125 Wayfaring
Mesquite, TX 75150
Henry Radovanovic
3632 W. 67th Street
Chicago, IL 60629
John Latzo, Sergeant-at-Arms
International Brotherhood of Teamsters
25 Louisiana Avenue
Washington, DC 20001
John Sullivan, Associate General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue
Washington, DC 20001
Kris Taylor & Henry Radovanovic
July 19, 1996
Page 1
Re: Election Office Case No. CONV-29-IBT
CONV-31-IBT
Gentlemen:
Kris Taylor, a member of Local Union 745 and Convention guest, and
Henry Radovanovic, a member of Local Union 710 and alternate delegate, filed protests pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”) alleging that, in separate incidents, International Convention Sergeant-at-Arms John Latzo violated the Rules by using force against them at the Teamsters 25th International Convention. In CONV-29-IBT, Ms. Taylor states that on July 17, 1996, at about noon, she was permitted onto the Convention floor, but was then asked to leave by the sergeant-at-arms because the floor was restricted at that time to delegates and alternate delegates. Ms. Taylor states that while complying with the request, Mr. Latzo told the protester to walk faster, used profanity and, when the protester objected to this treatment, grabbed the protester’s shirt and tore off her identification badge. In CONV-31-IBT,
Mr. Radovanovic alleges that Mr. Latzo pushed him on July 17 when he asked Mr. Latzo why Robert McGinnis, a retiree from Local Union 710, was in the press box in the Convention hall during a period when access was restricted to delegates and alternates.
Kris Taylor & Henry Radovanovic
July 19, 1996
Page 1
Regional Coordinator Jonathan Wilderman investigated these protests.[1]
The Election Officer does not have jurisdiction over Convention proceedings unless there is a clear connection to the electoral processes that she supervises. Thus, the Election Officer generally does not review the Convention chair’s use of parliamentary procedure when non-electoral business is being conducted (Szymanski, CONV-9-IBT, et seq. (July 16, 1996); Bodine, CONV-17-IBT, et seq. (July 16, 1996)) or the general access of non-elected persons to the Convention floor. Branch, CONV-22-IBT, et seq. (July 18, 1996) (guests and retirees). The manner in which IBT sergeants-at-arms perform their functions on the Convention floor also falls outside the general scope of the Election Officer’s jurisdiction.
The Election Officer has stated that non-electoral Convention proceedings must not, however, be conducted in a manner that discriminates between members based on their support for one International candidate rather than another. Branch, supra (finding no jurisdiction over claim that Mr. Carey violated the Rules by excluding guests and retirees from the Convention floor); Potter, CONV-28-IBT (July 18, 1996) (finding no jurisdiction over claim of rough treatment absent showing of discriminatory intent prohibited by the Rules); Hoffa, CONV-8-IBT (July 17, 1996) (finding no retaliation under the Rules over allegation that Convention whip bypassed supporters of Mr. Hoffa standing in line at floor microphone during non-electoral business).
Here, neither protester stated to the Election Officer’s representative that Mr. Latzo mistreated them because of their support of a candidate in an election regulated by the Rules. Ms. Taylor alleges that she was mistreated when asked to leave because she was not a credentialed delegate. Mr. Radovanovic alleges that he was treated roughly after questioning the right of a member to be in the press area on the Convention floor. Absent a claim that a member was treated discriminatorily because of political activity protected by the Rules, the Election Officer has no jurisdiction over the allegation. Branch; Potter; Hoffa, supra.
The protests are therefore 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:
Kris Taylor & Henry Radovanovic
July 19, 1996
Page 1
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, N.W., 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
Jonathan Wilderman, Regional Coordinator
[1]Ms. Taylor listed her address at the Convention as the Travelodge in Cherry Hill, New Jersey and for her phone number at the Convention, the telephone number of the Hilton, also in Cherry Hill. The Election Office investigator tried to speak with the protester, but neither hotel had her listed as a guest.