February 20, 1996
VIA UPS OVERNIGHT
Carl H. Rice, Jr.
6516 Thunder Mountain
Etland, NC 27243
Leonard Reeder, Secretary-Treasurer
Teamsters Local Union 391
3100 Sandy Ridge Road
Colfax, NC 27235
Re: Election Office Case No. P-344-LU391-SEC
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 Carl H. Rice, a member of Local Union 391. In his protest, Mr. Rice contends that the local union failed to post the results of the nomination meeting on two bulletin boards at the Greensboro, North Carolina United Parcel Service (“UPS”) Center; and that the local union failed to post the Real Teamsters Caucus (“RTC”) notice required by the order of the Election Officer in P-032-LU245-PNJ, et seq.(January 5, 1996) on three of the bulletin boards at the UPS Center.
The protest was investigated by Regional Coordinator J. Griffin Morgan.
The Rules, at Article II, Section 6, require the local union secretary-treasurer to post a list of all nominated candidates on all union bulletin boards. The decision in the RTC case required the local union to post the notice on union bulletin boards.
Local Union 391 Secretary-Treasurer Leonard Reeder admitted that the nomination notice and the RTC notice were not posted, as alleged by the protester. Immediately upon being notified of this lack of proper posting, the nomination notice and the RTC notice were properly posted on or about January 29, 1996.
Carl H. Rice, Jr.
February 20, 1996
Page 1
The protester confirms that the notices have been properly posted and that he received the remedy he was seeking in filing the protest.
Accordingly, this protest is 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
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
J. Griffin Morgan, Regional Coordinator