Protest Decisions

November 21, 1995

VIA UPS OVERNIGHT

Helen Salters

3 Haven Plaza, Apartment 12-F

New York, NY 10009

Joseph Padellaro, International Trustee

Teamsters Local Union 819

66-11 Woodhaven Boulevard

Rego Park, NY 11374

Re:              Election Office Case No. E-012-LU819-EOH

Protest of Helen Salters' Eligibility to Run for Delegate

Gentlepersons:

By letter received by the Election Officer on August 7, 1995, Helen Salters requested that the Election Officer determine her eligibility to run for delegate to the International Convention.  By notice dated August 30, 1995, the Election Officer ruled that Ms. Salters' eligibility was verified through August 1995.  She was also informed that she must continue to pay her dues in a timely manner for the 24 months prior to the nomination meeting, which had not then been scheduled.

Notwithstanding this ruling by the Election Officer, Joseph Padellaro, International Trustee, by letter dated September 21, 1995, informed Ms. Salters that she was not eligible to be a candidate for delegate due to her lack of compliance with the 24-month-continuous-membership requirement of the Teamsters Constitution.

Helen Salters

November 21, 1995

Page 1

Under the terms of the Consent Decree, the Election Officer supervises all aspects of the 1995-1996 election of International Officers.[1]   This includes determining the eligibility of members to be candidates to the International Convention.  In furtherance of this mandate, the Election Officer has promulgated the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”).  Article I of the Rules defines the role and authority of the Election Officer.  Article VII sets forth the criteria used by the Election Officer to verify a candidate's eligibility.  It is not within the jurisdiction of the International Trustee to find a member ineligible as a delegate candidate.

As the Election Officer has ruled Ms. Salters eligible, and the International Trustee is without jurisdiction to make a contrary finding, the eligibility finding of the Election Officer stands.   Accordingly, the protest is DISMISSED.

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 North Capitol Street, Suite 855, Washington, D.C. 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

Arthur Wasserman, Regional Coordinator