March 18, 1996
VIA UPS OVERNIGHT
Howard Murdoch
March 18, 1996
Page 1
Howard Murdoch
2510 Ruth Fitzgerald Drive
Plainfield, IL 60544
Brian Smith
22557 S. Bramble Hill
Joliet, IL 60436
Thomas Stiede, Secretary-Treasurer
Teamsters Local Union 703
300 S. Ashland Avenue, Room 502
Chicago, IL 60607
Howard Murdoch
March 18, 1996
Page 1
Re: Election Office Case No. E-123-LU703-EOH
Gentlemen:
By letter received by the Election Officer on February 28, 1996, Howard Murdoch protests the eligibility of Brian Smith to run for delegate to the International convention. The protester claims that Mr. Smith violated the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) because he lost good standing as a result of dues arrearages during the 24 consecutive months prior to the month of nominations, as required by Article VII, Section 1.
By letter to the Election Officer, dated March 14, 1996, Mr. Smith asserts that
Mr. Murdock’s protest is untimely because it was not filed in accordance with the two-day requirement, as outlined in the Rules. In pertinent part, Article XIV, Section 2(b) of the Rules reads as follows:
[P]reelection protests . . . must 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 or such protests shall be waived.
Howard Murdoch
March 18, 1996
Page 1
The requirement to promptly file protests is an important part of the election process. The short time limits were designed to ensure that alleged violations of the Rules would be quickly brought to the attention of the Election Officer in order to afford the greatest opportunity for applying an effective remedy in the event a violation is found. Nevertheless, the Election Officer has not treated time limits as an absolute jurisdictional requirement, but rather as a prudential restriction.
Mr. Murdock attended Local Union 703’s nomination meeting on March 23, 1996. As the local union’s trustee, Mr. Murdock has access to Local Union 703’s files. Hence, it was March 23, 1996, by which time he became or should have become aware that Mr. Smith was a candidate for delegate and had access to check Mr. Smith’s TITAN record.
Mr. Murdock contends that a proper interpretation of Article XIV, Section 2(b) means that the action being protested is not the nomination of Mr. Smith at the March 23 meeting but, rather, knowledge of Mr. Smith’s alleged dues arrearages, which Mr. Murdock did not acquire until March 27, 1996. Mr. Murdock further contends that if the Election Officer accepts this interpretation, his protest, filed one business day later on March 28, 1996, must be deemed timely.
The Election Officer rejects this interpretation. As stated above, Mr. Murdock’s protest was received by the Election Officer on March 28, 1996, three business days after the local union’s nomination meeting, the time at which Mr. Murdock became aware or should have become aware that Mr. Smith was nominated for delegate. See Mantucci, E-024-
LU669-EOH (January 22, 1996); cf. Webb, E-031-LU763-EOH (January 24, 1996).
Accordingly, the protest is deemed untimely.
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
Howard Murdoch
March 18, 1996
Page 1
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
Matthew D. Ross, Regional Coordinator