THE OFFICE OF THE ELECTION OFFICER
for the INTERNATIONAL BROTHERHOOD OF TEAMSTERS
400 N. Capitol Street, NW
Suite 855
Washington, DC 20001
(202) 624-3500
(202) 624-3525 Fax
Barbara Zack Quindel Milwaukee Address:
Election Officer Perry, Lerner & Quindel
823 North Cass Street
Milwaukee, WI 53202
414-272-7400
414-272-7450 Fax
June 30, 1995
VIA UPS OVERNIGHT
Michael J. Riley, et al.
June 30, 1995
Page 1
Michael J. Riley, President
Joint Council of Teamsters No. 42
1616 West 9th Street, Suite 500
Los Angeles, California 90015
Ron Carey, General President
International Brotherhood of Teamsters
25 Louisiana Ave, NW
Washington, DC 20001
(Hand Delivery)
John Sullivan, Esq.
Associate General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
(Hand Delivery)
George A. Pappy, Esq.
Pappy & Davis
3424 Wilshire Blvd.
Los Angeles, CA 90010
Tom Sever, General Secretary-Treasurer
International Brotherhood of Teamsters
25 Louisiana Avenue
Washington, DC 20001
(Hand Delivery)
Michael J. Riley, et al.
June 30, 1995
Page 1
RE: Election Office Case No. P-035-IBT-SCE
Gentlemen:
Michael J. Riley, et al.
June 30, 1995
Page 1
This pre-election protest was filed on May 23, 1995 pursuant to the Rules for the IBT International Union Delegate and Officer Election (“Rules”).[1] In his protest, the complainant, Michael J. Riley, Joint Council 42 President, alleges on behalf of himself and Joint Council 42 that General President Ron Carey, General Secretary-Treasurer Tom Sever, and the IBT violated the Labor-Management Reporting & Disclosure Act of 1959, as amended, (“LMRDA”) and the IBT Constitution by granting a charter for a new Joint Council for several Local Unions previously within the jurisdiction of Joint Council 42.[2]
The protestor does not allege that the new Joint Council charter has had or will have any impact upon the election of delegates and alternate delegates to the 1996 IBT International Convention or the election of IBT International Officers, and no such impact is apparent to the Election Officer. Nominations for International officers will be made at the 1996 International Convention by delegates and alternate delegates who will be elected from each Local Union, not from any other subordinate body of the IBT. The International Officer election will be conducted by mail ballot among IBT members who are eligible to vote without regard to the Joint Council to which their Local Union belongs. Thus, the Joint Council to which a Local Union belongs does not affect the election of delegates, alternate delegates, or International officers. Pursuant to Article I of the Rules, the Election Officer has authority to determine a protest only if the protest concerns the International Union delegate and officer elections. Because the action which is the subject of the protest does not have an impact on the election, the protest is DENIED.
If any interested party is not satisfied with this determination, they may request a hearing before the Election Appeals Master within one day of their receipt of this letter. The parties are reminded that, absent extraordinary circumstances, no party may rely in any such appeal upon evidence that was not presented to the Office of the Election Officer. Requests for a hearing shall be made in writing and shall be served on:
Kenneth Conboy, Esq.
Mudge, Rose, Guthrie, Alexander & Ferdon
180 Maiden Lane, 36th Floor
New York, NY 10038
Fax (212) 248-2655
Michael J. Riley, et al.
June 30, 1995
Page 1
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: Election Appeals Master Kenneth Conboy
Dolly M. Gee, Regional Coordinator
[1]This “reach-back” protest was filed within the thirty day period following the final promulgation of the Rules on April 24, 1995. The Rules at Article XIV, Section 2(a), state:
Protests regarding violations of the LMRDA (including violations of the IBT Constitution) allegedly occurring prior to the date of issuance of the Rules and protests regarding any conduct allegedly occurring within the first twenty-eight (28) days after issuance of the Rules must be filed within thirty (30) days of the date of issuance, or such protests shall be waived.
[2] In support of his protest, Joint Council 42 President Riley directed the Election Officer to the affidavits and exhibits in the court file in the case of Teamsters Joint Council No. 42 v. IBT, No. CV 94-6174 WJR (GHKx)(C.D. Cal., filed September 12, 1994). In that case, plaintiffs, including Riley and Joint Council 42, allege that the IBT violated the LMRDA and the IBT Constitution by chartering a new Joint Council within the jurisdiction of Joint Council 42. The District Court granted summary judgment in favor of the IBT by order issued June 5, 1995. On June 8, 1995, plaintiffs filed a Notice of Appeal of the decision to the Ninth Circuit Court of Appeals.