February 20, 1996
VIA UPS OVERNIGHT
Jerry K. Moffitt
2234 S. Quentin Way I-301
Aurora, CO 80014
Re: Election Officer Case No. E-080-LU17-EOH
Dear Sir:
In a response to a pre-nomination request for eligibility verification by Jerry Moffitt, the Election Officer found Mr. Moffitt ineligible to run for delegate or alternate delegate to the International convention on January 30, 1996. By letter received by the Election Officer on February 1, 1996, Mr. Moffitt protested this finding.
Article II, Section 5(f) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election ("Rules") states, in relevant part:
Any member eligible to nominate or second a nomination may do so by a writing submitted to the Election Officer or her representative. A written nomination or second must be received by the Election Officer or her representative no later than 5 p.m. of the day immediately prior to the day of the relevant nomination meeting. The writing shall state whether it is a nomination or a second, the name of the member being nominated or seconded and whether the nomination or second is for delegate or alternate delegate. It shall be signed by the member submitting the nomination or second and shall contain his/her Social Security number.
Jerry Moffitt
February 20, 1996
Page 1
Local Union 17's nomination meeting was held on February 1, 1996. The investigation disclosed that Mr. Moffitt was nominated and seconded in writing and accepted his nomination in writing as well. Mr. Moffitt was nominated by James Groetken and his nomination was seconded by Dale Slate in a written statement dated January 16, 1996. Neither Mr. Moffitt’s nominator nor his seconder signed this document, as required by the Rules. An Election Office representative attempted to alert Messrs. Groetken and Slate to their omission. A message was left on Mr. Groetken’s answering machine at 2:11 pm on February 1, 1996 instructing him to contact the representative because of problems with the nomination. Mr. Groetken never responded to this request. In addition, the Election Office representatives present at the meeting announced that Mr. Moffitt’s nomination, among others, was invalid in order to provide him an opportunity to be nominated from the floor. He was not, however, otherwise nominated.
As a result, Mr. Moffitt’s nomination is invalid, and he is not a candidate for delegate to the International convention. Any discussion concerning Mr. Moffitt’s eligibility is therefore moot. Accordingly, Mr. Moffitt’s 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 and 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
Jonathan Wilderman, Regional Coordinator