January 26, 1996
VIA UPS OVERNIGHT
Roger A. Fulp
2508 Laurel Valley Garth
Abingdon, MD 21009
Phillip Feaster, President
3100 Ames Place, N.E.
Washington, DC 20018
Re: Election Office Case No. P-297-LU639-PNJ
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election ("Rules") by
Roger Fulp, a member of Local Union 639.
Mr. Fulp protests that he and other members of Local Union 639 were denied the opportunity to run for delegate and alternate delegate when a nominations meeting held on January 7, 1996 was not rescheduled due to inclement weather. Mr. Fulp states that the “unprecedented storm” made roads “impassable and traveling dangerous.”
In response, Local Union 639 Vice President John Steger states that no Rules provision was violated. He states that Mr. Fulp and other members who claim they could not attend the meeting, could have been nominated in advance of the meeting pursuant to Article II,
Sections 5(f) and (g) of the Rules, but failed to do so. Mr. Steger notes that the Election Officer’s representative and eight other individuals attended the meeting. Finally, Mr. Steger argues that granting the protest would unfairly penalize candidates who were properly nominated and would cause the local union to incur significant and unnecessary costs.
This protest was investigated by Regional Coordinator Peter V. Marks, Sr.
Roger A. Fulp
January 26, 1996
Page 1
As scheduled, Local Union 639’s nominations meeting was held on Sunday, January 7 at its union hall in Washington, D.C. Adjunct Regional Coordinator Francis Sheridan attended the meeting on behalf of the Election Officer, and a sufficient number of nominations was received by Mr. Sheridan to complete a full slate of delegates and alternates. Mr. Fulp planned to attend the meeting. He had prearranged with at least 15 fellow union members to nominate a slate of candidates for convention delegate and alternate and had prepared in advance written acceptances for each of the positions.
Article II, Sections 5(f) and (g) provide for alternative means of nominating, seconding and accepting a nomination. Union members can nominate, second and accept nominations by personally appearing at the nominations or through earlier written submissions of nominations, seconds and acceptances. Written nominations must be sent to the Election Officer or her representative by 5 p.m. of the day preceding the scheduled meeting; written acceptances must be sent to the local union or presented by a member attending the meeting.
Mr. Fulp states that he was unable to attend the meeting due to the weather. A major winter storm struck the Washington, D.C., area, on January 7. A state of emergency was declared by the mayor of the District of Columbia and the governors of Maryland and Virginia on this date. The storm, however, was predicted several days in advance and repeatedly announced in the various news media. Mr. Fulp does not deny that he was aware of the impending storm. He did not, however, fax the nominations to the Regional Coordinator or the Election Office as a contingency. Mr. Fulp admits he was aware of the Rules provision permitting the written acceptance of nominations, seconding of nominations and acceptance of nominations.
By not submitting his written nominations, seconds and acceptances ahead of time,
Mr. Fulp chose not to avail himself of protections afforded by the Rules. Under these circum-stances, the Election Officer determines that in view of Mr. Fulp’s failure to exercise the full extent of his rights under the Rules, the results of the nomination meeting should stand.
For the foregoing reasons, Mr. Fulp’s 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 and Watkins
885 Third Avenue, Suite 1000
New York, NY 10022
Fax (212) 751-4864
Roger A. Fulp
January 26, 1996
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
Peter V. Marks, Sr., Regional Coordinator