November 27, 1995
VIA UPS OVERNIGHT
Clifford T. Chentnik
N3066 Apricot Road
Lake Geneva, WI 53147
Edward J. Sherman, Secretary-Treasurer
Teamsters Local Union 325
5533 Eleventh Street
Rockford, IL 61109
Re: Election Office Case No. P-224-LU325-CHI
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Officer Election (“Rules”). The Election Officer deferred the protest for consideration post-election, pursuant to Article XIV, Section 2(f)(2) of the Rules. Local Union 325's delegate election was held on November 4, 1995.
By letter dated November 2, 1995, Clifford T. Chentnik of Local Union 325 challenges the Election Officer’s failure to use TITAN employer codes on mailing labels used for mailing the ballots to members in the Local Union 325 delegate election. The protester alleges that his ability to challenge suspect ballots was limited by the Election Officer’s actions and, thus, his rights under the Rules were frustrated.
Clifford T. Chentnik
November 27, 1995
Page 1
This protest was investigated by Regional Coordinator Julie Hamos.
The Election Officer’s investigation corroborates Mr.Chentnik’s factual claims. While the mailing labels used in the delegate election were printed utilizing data extracted from the IBT’s TITAN computer system, employer codes were not included on mailing labels. The Rules contain no reference to the content of the mailing labels. The information contained on an Election Office-designed mailing label serves the Election Office’s ballot security and administrative needs. Mr. Chentnik argues that his right to challenge ballots has been compromised because of the employer-code omissions. Employer codes, however, do not constitute a valid basis for challenging ballots.
Based on the foregoing, the protest is DENIED.
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
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,
Clifford T. Chentnik
November 27, 1995
Page 1
Barbara Zack Quindel
Election Officer
cc: Kenneth Conboy, Election Appeals Master
Julie Hamos, Regional Coordinator