October 24, 1995
VIA UPS OVERNIGHT
John R. Cetinske
117 Peak Hill Circle
Nashville, TN 37211
Teamsters Local Union 480
1050 Cornelia Street
Nashville, TN 37217
Re: Election Office Case No. P-181-LU480-SCE
Gentlemen:
A pre-election 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
John R. Cetinske, a member of Local Union 480. Mr. Cetinske protests a “Special Notice” issued by the officers of Local Union 480 concerning nominations of candidates for local union office. The protester contends that the portion of the notice which states that local union officers elected in this election “will be delegates to any Joint Council with which the Local is affiliated as well as to any convention of any subordinate body which may take place during their term of office” is in violation of the Rules. The protester also contends that Local
Union 480 members “moving into CF Freight in Nashville” should be allowed to vote in the local union election and the future delegate election.
The protest was investigated by Regional Coordinator Bruce Boyens.
On September 15, 1995, Local Union 480 issued a “Special Notice” to all local union members. The notice, which concerned information about nominations for local union officer positions, stated, in pertinent part:
John R. Cetinske
October 24, 1995
Page 1
[T]hat the candidates elected from such nominees, by virtue of their elections, will be delegates to any Joint Council with which the Local is affiliated as well as to any convention of any subordinate body which may take place during their term of office. Elected Local Union officers shall be delegates to such conventions in order of priority set froth in Article III, Section 5 (a)(1) of the International Constitution or as set forth in the Local Union By-Laws.
After receiving the protest, Mr. Boyens contacted the local union. The local union agreed to insert language into a revised notice issued on October 10, 1995 and into the local union rules, which reads as follows:
Elected officers of Teamsters Local Union No. 480 shall not by virtue of their election be delegates to the International Convention to take place in July of 1996. Secret ballot, rank and file elections shall be conducted in 1996 for such delegates and alternate delegates under the supervision of the Election Officer, Barbara Zack Quindel.
The protester agrees with this solution.
The protester’s other contention relates to member eligibility to vote in local union elections, which are not within the jurisdiction of the Election Officer, and the eligibility of members who are transferred to Local Union 480 to vote in the delegate election. If members are transferred to Local Union 480 prior to the delegate election and are in good standing, they will be eligible to vote in the delegate election. Rules, Article VI, Section 1. See Jablonski, P-174-LU117-PNW (October 12, 1995).
The protest is therefore RESOLVED.
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
John R. Cetinske
October 24, 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: Kenneth Conboy, Election Appeals Master
Bruce Boyens, Regional Coordinator