July 19, 1996
VIA UPS OVERNIGHT
Roni German
18510 S. Lyons Road
Oregon City, OR 97045
Larry Wilson, Secretary-Treasurer
Teamsters Local Union 81
1874 N.E. 162nd Avenue
Portland, OR 97230
Re: Election Office Case No. CONV-38-LU81-PNW
Gentlepersons:
A protest was filed under Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by Roni German, an elected delegate from Local Union 81 to the 1996 IBT International Convention. The protester alleges that she was terminated, with no warning or notification of suspension, three weeks after the nomination meeting for delegates and alternate delegates from Local Union 81 to the 1996 IBT Convention, because she ran in opposition to the local union president.
The protest was investigated by Election Office Staff Representative Kathryn Naylor.
The nomination meeting for Local Union 81 delegates to the Convention was conducted on January 21, 1996. The protester was discharged by Local Union 81 on February 12, 1996. The protester was elected as one of two delegates from Local Union 81 on March 25, 1996.
Under Article XIV, Section 2(b) of the Rules, protests “must be filed within two (2) working days of the day when the protester becomes aware or reasonably should have become aware of the action protested or such protests shall be waived.” This protest is untimely since it was filed five months after the protester was discharged, and not within two days of her discharge on February 12, 1996, as required by the Rules.
Roni German
July 19, 1996
Page 1
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