February 8, 1996
VIA UPS OVERNIGHT
Mario Ferenac
7427 Weatherfield Drive
Orlando, FL 32819
Doug Wilson
1704 Ison Lane
Ocoee, FL 34761
Re: Election Office Case No. P-380-LU385-SEC
Gentlemen:
Mario Ferenac, a member of Local Union 385 filed a protest pursuant to Article XIV, Section 2(b) of the Rules for the IBT 1995-1996 International Union Delegate and Officer Election (“Rules”) alleging that Doug Wilson, also a member of Local Union 385, should not be permitted to run for delegate or alternate delegate in the Local Union 385 elections because he accepted nominations for both delegate and alternate delegate.
The protest was investigated by Regional Coordinator J. Griffin Morgan.
Local Union 385 held its nomination meeting for delegate and alternate delegate candidates on January 28, 1996. The meeting was conducted by the Regional Coordinator. During nominations for delegate, Doug Wilson was nominated. Mr. Wilson accepted the nomination. Prior to the close of nominations for delegate, Mr. Wilson withdrew his candidacy for delegate. The Regional Coordinator announced from the podium Mr. Wilson’s withdrawal. Delegate nominations continued until closed.
After the close of nominations for delegate, candidates were nominated for alternate delegate, including Mr. Wilson, who accepted his nomination for alternate delegate.
Mario Ferenac
February 8, 1996
Page 1
Article II, Section 5(j) provides, “No member may accept nomination for both a delegate and an alternate delegate position.” Mr. Wilson did not violate this rule. He unequivocally withdrew as a candidate for delegate prior to the close of delegate nominations at the local union nomination meeting, and prior to the opening of alternate delegate nominations. Neither his acceptance of nomination for delegate, in light of his subsequent withdrawal, nor the withdrawal itself is a bar to his acceptance of a nomination for alternate delegate.
Accordingly, 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:
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
J. Griffin Morgan, Regional Coordinator