January 3, 1996
VIA UPS OVERNIGHT
Robert Spearman
630 Bell Road
Apt. 103
Antioch, TN 37013
Re: Election Office Case No. P-281-EOH-PNJ
Sir:
This 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 Robert Spearman, a declared candidate for International Vice President, Southern Region.
On December 19, 1995, the Election Office received a package containing accreditation petitions, submitted by Mr. Spearman, seeking to be accredited for the position of International Vice President for the Southern Region. The Election Officer determined, pursuant to Article XI, Section 3 of the Rules that these petitions were not timely submitted. She requested that Candidate Liaison and Regional Coordinator Peter V. Marks, Sr. contact Mr. Spearman and notify him of this determination.
On December 20, 1995, Mr. Marks had a telephone conversation with Mr. Spearman in which he advised him of the Election Officer’s determination. Mr. Spearman advised Mr. Marks that he would have sent in the petitions earlier but he had been advised by International Vice President Leroy Ellis that he could mail the petitions to the Election Officer on December 15. Mr. Spearman stated that Mr. Ellis related that he had received confirmation that the petitions could be mailed on December 15 from “someone in the Election Office.” Mr. Spearman was not aware of with whom in the Election Office Mr. Ellis allegedly had this conversation. Mr. Spearman also advised Mr. Marks that he had trouble initially getting the petitions from the
Robert Spearman
January 3, 1996
Page 1
Election Office and thus did not begin circulating them until September 18 or 19. Mr. Marks advised Mr. Spearman that the Rules clearly stated that the petitions had to be submitted to the Election Officer by December 15. Nevertheless, Mr. Marks advised Mr. Spearman to have Mr. Ellis contact him. Mr. Ellis never contacted Mr. Marks.
Mr. Spearman protests both the failure of the Election Officer to accredit him as a candidate and the “way that I was informed.” Specifically, the protester contends that the Rules are not clear and that he should have been informed of his status by certified mail.
The Rules governing the accreditation of candidates for International officer positions, at Article XI, Section 3, provide as follows:
Once the requisite number of petition signatures has been obtained, the candidate may, after July 1, 1995, and before December 15, 1995, submit said petitions to the Election Officer for counting and verification.
The Election Officer did not accept petitions submitted after the close of business on December 15. The Election Officer has no record of any conversation with Mr. Ellis regarding the date for the mailing or receipt of petitions and Mr. Spearman was unable to provide the name of any such contact.
The oral notification by Mr. Marks, the Election Office representative assigned to serve as the liaison with International Candidates, did not violate the Rules.
The protester did not submit his accreditation petitions to the Election Officer before December 15, 1995. He was adequately advised of the reason the Election Officer did not entertain his accreditation petitions.
For the foregoing reasons, 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:
Robert Spearman
January 3, 1996
Page 1
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,
Barbara Zack Quindel
Election Officer
cc: Kenneth Conboy, Election Appeals Master
Peter V. Marks, Regional Coordinator