February 27, 1996
VIA UPS OVERNIGHT
Joseph J. Kirkwood
February 27, 1996
Page 1
Joseph J. Kirkwood
1625 Rywal Lane
Bensalem, PA 19020
Joseph Ferla, Secretary-Treasurer
Teamsters Local Union 107
107 Spring Garden Street
Philadelphia, PA 19123
Nicolas Pico, Vice President
Teamsters Local Union 107
107 Spring Garden Street
Philadelphia, PA 19123
Joseph J. Kirkwood
February 27, 1996
Page 1
Re: Election Office Case No. P-418-LU107-PNJ
CORRECTED
Gentlemen:
Joseph Kirkwood, a candidate for delegate from Local Union 107, filed a protest pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”). The protester alleges that Local Union 107 Secretary-Treasurer Joseph Ferla violated the Rules by failing to post on all local union bulletin boards the results of the local union nomination meeting and a summary of its local union election plan. Additionally, the protester alleges that he has not been provided with a complete work-site list, as required by the Rules.
Mr. Ferla and Local Union 107 Vice President Nicolas Pico admit that the local union did not begin posting nomination results within the time required by the Rules. However, the local union officers respond that the local union posted the plan summary as required. As to the work-site list, the local union, subsequent to the filing of this protest, advises that it has provided the protester with a corrected list.
Adjunct Regional Coordinator Joseph Kelly investigated this protest.
Joseph J. Kirkwood
February 27, 1996
Page 1
I. Posting Nomination Results
Article II, Section 6(a) requires the posting of nomination results in a timely manner. The section reads, in relevant part: “As soon as possible but in no event later than five (5) days following the nomination meeting(s), the Local Union’s Secretary-Treasurer shall post on all Union bulletin boards a list of all nominated candidates, by name (and by slate affiliation, if known at the time).”
The local union held its nomination meeting on January 21, 1996. The local union admits that it did not post the nomination results until February 14, 1996, when it was contacted during the investigation of this protests. The failure of the local union to post the nomination results within five days of the nomination meeting is a violation of the Rules. The investigation also discloses that nomination results are still not posted currently on all local union bulletin boards. For example, on February 27, 1996, at Aydin-Raytor on Commerce Road in Montgomeryville, Pennsylvania and Sears Central Service on Old Arch Road in Norristown, Pennsylvania, nomination results were not posted. The protest, with regard to the local union’s obligation to post the nomination results, is therefore GRANTED.
When the Election Officer determines that the Rules have been violated, she “may take whatever remedial action is appropriate.” Article XIV, Section 4. In fashioning the appro-priate remedy, the Election Officer views the nature and seriousness of the violation as well as its potential for interfering with the election process.
The local union failed to post its nomination results as required by the Rules. The purpose of requiring such posting is to ensure that members are given notice of the names of the nominated candidates and the fact that there will be a contested election. In similar circumstances, the Election Officer has ordered a local union to hold a candidates’ forum. See Highfill, Case No. P-455-LU373-SOU (February 15, 1991).
In order to ensure that the membership is fully apprised of the candidates prior to the election, the Election Officer orders Local Union 107 to hold a delegate and alternate candidates forum on Sunday, March 10, 1996 at 11:00 a.m. at the local union hall at
107 Spring Garden Street in Philadelphia, Pennsylvania. Each slate shall be permitted to speak for 20 minutes and there shall be a lot-drawing at the beginning of the meeting between the two slates to determine which slate shall have the opportunity to speak first.
A notice to the members concerning the meeting has been prepared by the Office of the Election Officer and is attached to this decision. This notice must be posted on all local union bulletin boards as of the close of business on Friday, March 1, 1996. Secretary-Treasurer Joseph Ferla shall submit an affidavit to the Election Officer by the close of business on
March 5, 1996 detailing his compliance with this order.
Joseph J. Kirkwood
February 27, 1996
Page 1
II. Local Union Election Plan Summary
Article II, Section 4(h) requires that the local union maintain posting of the local union plan summary “through the entire delegate nomination and election period.” The local union has agreed to ensure that the local union election plan summary is posted at the protester’s work site. The protester’s complaint, as stated in the protest, has been addressed and remedied. Accordingly, the Election Officer concludes that further processing of the allegation regarding posting of the plan summary at the protester’s work site is unwarranted and the protest is RESOLVED.
III. Work-site List
Article VIII, Section 1(a) reads:
Each delegate candidate, each alternate delegate candidate and each nominated or accredited International Officer candidate shall have the right to a current list of all sites, with corresponding addresses, where any and all Local Union members work. Requests for such worksite lists shall be made to the Local Union’s Secretary-Treasurer or principal executive officer in writing and shall be honored within five (5) days. Such worksite lists shall be arranged by employer name.
A corrected work-site list has been provided to the protester. Thus, the protester’s allegation that he was not provided with an accurate work-site list has been addressed and remedied. Accordingly, this allegation is also 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
Joseph J. Kirkwood
February 27, 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
Joseph Kelly, Adjunct Regional Coordinator
A T T E N T I O N
SPECIAL MEETING
FOR ALL LOCAL UNION 107 MEMBERS
CANDIDATES’ FORUM
On Sunday, March 10, 1996, at 11:00 a.m. there will be a Candidate Forum for the Delegate and Alternate Delegate Election. The Forum will take place at the Local Union Hall at 107 Spring Garden Street in Philadelphia.
All nominated candidates have been invited to speak and all members are encouraged to attend.
This is an official notice which must remain posted through March 10, 1996 and must not be defaced or altered in any manner or be covered with any other material.
Approved by Barbara Zack Quindel, IBT Election Officer.