July 21, 1995
Slobodan Golubovic
5908 S. Western Avenue
Clarendon Hills, IL XXX-XX-XXXX
Frank J. Wsol, Secretary-Treasurer
Local Union 710
4217 S. Halsted Street
Chicago, IL 60609
Thomas Zitt, Terminal Manager
Cassens Transport
3401 Liberty Street
Aurora, IL 60504
RE: Election Office Case No. P-025-LU-710-CHI
Gentlemen:
A protest was filed pursuant to Article XIV, Section 2(b), of the Rules for the 1995-96 IBT International Union Delegate and Officer Election ("Rules") by Slobodan Golubovic, a member of Local Union 710. The protest alleges that Mr. Golubovic was discharged by Cassens Transport Co. of Auroa, Illinois, on April 26, 1995, to intimidate him because he has been politically active as a candidate for International Union Delegate since 1988, including currently being a declared candidate for that office. The protest does not allege any complicity by LU 710 in the action of Cassens Transport.
The protest was investigated by Regional Coordinator Julie Hamos.
The investigation revealed that pursuant to the Collective Bargaining Agreement between Cassens Transport and the Union, Mr. Golubovic's discharge was heard on May 31, 1995, at a hearing before the Wisconsin Joint Automobile Transporters Committee which reached a deadlock in its consideration of the discharge and that the matter has been referred to the Central Southern Committee for a hearing scheduled to be held during the week of August 1 - 4, 1995.
The Election Officer has determined to defer her decision in this matter until the conclusion of the grievance procedure pursuant to the Collective Bargaining Agreement. The Gloubovic, et al.
July 21, 1995
Page 2
Election Officer has, pursuant to the Rules, jurisdiction and authority to determine the instant protest on its merits. Further, the Election Officer is not bound, in whole or in part, by the decision reached in the grievance proceedings or by the Findings of Fact and Conclusions of Law made during the grievance process. See, Star Market, Case No. P-760-LU25ENG, aff'd, 91-Elec. App.-187; aff'd U.S. v. IBT, 776 F.Supp. 144; aff'd, 954 F.2d 801 (2d Cir. 1992).
Thus, while the Election Officer will defer her decision in this matter, she has the authority to conduct an independent investigation of the allegations of the protest and issue a decision on the merits of the protest based upon her determination and evaluation of the evidence presented to her in such independent investigation. Mr. Golubovic is advised to inform the Election Officer of the outcome of this matter following completion of the grievance procedure under the Collective Bargaining Agreement.
Sincerely,
Barbara Zack Quindel
Election Officer
cc: Election Appeals Master Kenneth Conboy
Julie E. Hamos, Regional Coordinator