February 16, 1996
VIA UPS OVERNIGHT
Robert Kronhert
February 16, 1996
Page 1
Robert Kronhert
41 Hawthorne Street
Rutherford, NJ 07070
Gregory Druker
Teamsters Local Union 843
446 Morris Avenue
Springfield, NJ 07081
Gene Giacumbo
15 Village Road
Sea Bright, NJ 07760
Robert Kronhert
February 16, 1996
Page 1
Re: Election Office Case No. P-353-LU843-PNJ
Gentlemen:
A pre-election protest was filed on January 25, 1996 pursuant to Article XIV,
Section 2(b) of the Rules for the 1995-96 IBT International Union Delegate and Officer Election (“Rules”) by Robert Kronhert, a member of Local Union 843. Mr. Kronhert contends that on September 2, 1995, Gregory Druker, who is also a member of Local
Union 843, violated the Rules by harassing, threatening, and attempting to intimidate Gene Giacumbo, who was an International vice president of the IBT at the time. The protester claims that Mr. Druker was motivated to violate the Rules because, among other things,
Mr. Giacumbo was a candidate for delegate to the International convention.
In the same protest, Mr. Kronhert also requested “an expedited ruling on my eligibility status. . .” This request was considered as a separate allegation in the present protest.
This protest was investigated by Regional Coordinator Peter V. Marks, Sr.
Robert Kronhert
February 16, 1996
Page 1
Mr. Druker’s Conduct
The Rules, at Article XIV, Section 2(b), state, "Except as otherwise provided . . . all preelection protests . . . must be filed within two (2) working days of the day the protester becomes aware or reasonably should have become aware of the action protested or such protests shall be waived."
The requirement to promptly file protests is an important part of the election process. The short time limit was designed to ensure that alleged violations of the Rules are quickly brought to the attention of the Election Officer in order to afford the greatest opportunity for applying an effective remedy in the event a violation is found. Nevertheless, the Election Officer has not treated time limits as an absolute jurisdictional requirement, but rather as a prudential restriction.
Even with this liberal standard in mind, the allegations concerning Mr. Druker’s conduct towards Mr. Giacumbo cannot possibly be found timely. Mr. Kronhert seeks in January 1996 to protest an event which occurred in September 1995. The protest filing limits built into the Rules clearly prohibit the consideration of protests as grossly untimely as
Mr. Kronhert’s.
Accordingly, it is the determination of the Election Officer that allegations by the protester concerning Mr. Druker’s conduct are untimely, and this portion of the protest is DENIED.
Eligibility of Mr. Kronhert
The Rules anticipate challenges to the eligibility of candidates, nominators, and seconders. As a result, a mechanism is provided whereby a potential candidate, nominator, or seconder may seek an advisory from the Election Officer concerning his or her eligibility status prior to the nomination meeting.
The record indicates that Mr. Kronhert did not file a request for a pre-nomination eligibility verification request. At Local Union 843’s nomination meeting on February 4, 1996, Mr. Kronhert nominated Gene Giacumbo to run for delegate. As of the writing of this decision, Mr. Kronhert’s eligibility to nominate has not been protested. As a result,
Mr. Kronhert’s request that the Election Officer rule on his eligibility is moot, and this portion of his protest is DENIED.[1]
Robert Kronhert
February 16, 1996
Page 1
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
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
[1]It is also noted that Mr. Giacumbo has been declared ineligible as a delegate candidate. Giacumbo, E-085-LU843-EOH (February 14, 1996).