February 15, 1996
VIA UPS OVERNIGHT
Don Tibbits
February 15, 1996
Page 1
Don Tibbits
W. 173, S. 7999 Scenic Drive
Muskego, WI 53150
Mitchell Jerry Surprise
N. 65, W. 24306 Elm Avenue
Sussex, WI 53089
Members United Slate
Teamsters Local Union 200
6200 W. Bluemound Road
Milwaukee, WI 53213
Mike Jackson
Teamsters Local Union 200
6200 W. Bluemound Road
Milwaukee, WI 53213
Don Tibbits
February 15, 1996
Page 1
Re: Election Office Case No. E-096-LU200-EOH
Gentlemen:
Mitchell Jerry Surprise was nominated to run for alternate delegate to the International convention at Local Union 200's nominations meeting on January 9, 1996. By letter received by the Election Officer on February 12, 1996, Don Tibbits, a member of Local Union 200, protests, among other things, Mr. Surprise’s eligibility to run for alternate delegate.[1]
Mr. Tibbits alleges that Mr. Surprise has not been employed in a craft under the jurisdiction of Local Union 200 for 24 consecutive months prior to his nomination as required by the Rules for the 1995-1996 IBT International Union Delegate and Officer Election ("Rules").
Don Tibbits
February 15, 1996
Page 1
Article XIV, Section 2(b) of the Rules requires preelection protests, including those "regarding eligibility of candidates," to be filed "within two (2) working days of the day when the protestor becomes aware or reasonably should have become aware of the action protested." As stated above, Mr. Tibbits's protest was received by the Election Officer on February 12, 1996, 23 working days after the local union's nominations meeting, the time at which
Mr. Tibbits, who is himself a candidate for delegate, became aware or should have become aware that Mr. Surprise was nominated to run for alternate delegate. See Mantucci, Case
No. E-024-LU669-EOH (January 22, 1996); cf. Webb, Case No. E-031-LU763-EOH
(January 24, 1996).
Accordingly, Mr. Tibbits’ protest is untimely under the Rules and 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 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
Judy Kuhn, Regional Coordinator
[1]Mr. Tibbits also made two allegations of campaign misconduct. These allegations have been docketed separately from the eligibility portion of Mr. Tibbits’ protest. They are addressed in P-432-LU200-NCE.