Protest Decisions

              January 31, 1996

VIA UPS OVERNIGHT

Steve Moyer

602 Nottaway Drive

Chesapeake, VA 23320

Re:              Election Office Case No. P-351-LU822-SCE

Sir:

A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Election ("Rules") by Steve Moyer, a member of Local Union 822 and a candidate for delegate, against Regional Coordinator J. Griffin Morgan.  The protester contends that Mr. Morgan incorrectly ruled that his slate was untimely submitted under the Rules.   

The protest was investigated by Protest Chief Benetta Mansfield.

Local Union 822 held its nomination meeting on Saturday, January 13, 1996 at which six candidates were nominated for delegate and five candidates for alternate delegate.  At the meeting, the Adjunct Regional Coordinator explained slate declaration forms and how they should be filed.  None of the candidates requested a form or expressed an interest in establishing a slate.

Article IX, Section 1(c) of the Rules mandates that a slate declaration for delegate and alternate delegate candidates must be filed "at the earliest possible date but in no event later than three (3) days after the Local Union's final delegate nominations meeting."    The Rules define the term "days" as referring to "calendar days, unless otherwise specified."  Definitions, 11, p. xv.    

Steve Moyer

January 31, 1996

Page 1

On Wednesday, January 17, 1996, a member of Local Union 822 telephoned the Regional Coordinator and inquired whether several of the candidates nominated on January 13 could create a slate.  Mr. Morgan replied that he believed the deadline for submitting a slate declaration form had expired but sent a form by facsimile to the member.  The slate declaration form, titled "The Unity Slate" and listing Mr. Moyer and three other candidates for delegate and alternate delegate, was faxed back to Mr. Morgan's office at l:09 a.m. on January 18.  After discussing this situation with the Election Officer, Mr. Morgan informed the member on January 18 that the slate declaration form would not be accepted.

The protester asserts that because Sunday, January 14 was a weekend day and Monday, January 15 was a federal holiday (Martin Luther King's birthday), these dates should not be included in the three-day period prescribed by the Rules.  According to Mr. Moyer, slate declaration forms should have been accepted by the Regional Coordinator until the close of business on January 18, 1996.

As stated above, the Rules define "days" to mean "calendar days, unless otherwise specified."[1]  On the basis of this definition, the protester's slate declaration form needed to be filed by the close of business on Tuesday, January 16 in order to be timely under Article IX, Section 1(c).  Thus, the Regional Coordinator correctly declined to accept the form on January 18. 

The protester further states that due to the manner in which the election notice was posted at his place of employment, with the pages stapled together and placed inside the glass cover of the union bulletin board, he could not read the three-day requirement for the slate declaration forms.  However, the protester informed the Regional Coordinator that he did receive the nomination notice containing the three-day requirement by mail at his home.  In addition the Adjunct Regional Coordinator explained the requirements of the Rules for slate declaration forms at the nomination meeting.

For the reasons stated above, 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:

Steve Moyer

January 31, 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

R. Griffin Morgan, Regional Coordinator