January 18, 1996
VIA UPS OVERNIGHT
Gary Mamlin
1700 E. 56th #2404
Chicago, IL 60637
Eddie Kornegay, Trustee
Teamsters Local Union 743
300 S. Ashland Avenue
Chicago, IL 60607
Re: Election Office Case No. P-218-LU743-CHI
Gentlemen:
Gary Mamlin, a member of Local Union 743, filed a protest pursuant to Article XIV, Section 2(b) pursuant to the Rules for the IBT 1995-1996 International Union Delegate and Officer Election (“Rules”). The protester complains that Local Union 743 has failed to post, as required by Article II, Section 4(f) of the Rules, notice on all of the Local Union 743 bulletin boards advising that the local union plan has been submitted to the Election Officer.
The protester alleges that no Article II, Section 4(f) notice appears at his work site, the University of Chicago Joseph Regenstein Library, and that he has heard that the notices have not appeared on other union bulletin boards.
Article II, Section 4(f) requires a local union to post, no later than five days after the local union submits its local union plan to the Election Officer, a notice on all local union bulletin boards advising that the plan has been submitted and advising the membership of their right to inspect and comment upon the plan.
Gary Mamlin
January 18, 1996
Page 1
At the direction of Regional Coordinator Julie E. Hamos, Local Union 743 bulletin boards were inspected to determine if the Article II, Section 4(f) notice had been posted. After finding the notice missing from some bulletin boards, Ms. Hamos met with Local Union 743 Trustee Eddie Kornegay to discuss the local union’s compliance with Article II, Section 4(f). Thereafter, Ms. Hamos met with the local union’s business agents to advise them of the requirements of Article II, Section 4(f) and their responsibilities for proper postings. The local union took the additional step--although not required in the Rules--of including a summary of the Local Union 743 plan in its November/December 1995 newspaper, the Voice of Local 743, which is mailed to each of its members. On the basis of these actions undertaken by the local union, the Election Officer is satisfied that Local Union 743 has now complied with the requirements of Article II, Section 4(f).
Under these circumstances, the Election Officer concludes that further processing of this protest is unwarranted. The protester’s complaint has been remedied. Accordingly, the protest is deemed 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 and 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
Julie E. Hamos, Regional Coordinator