March 6, 1996
VIA UPS OVERNIGHT
Slobodan Golubovic
5908 S. Western Avenue
Clarendon Hills, IL 60514
Thomas Zitt, Terminal Manager
Cassens Transport Company
3401 Liberty Street
Aurora, IL 60504
Re: Election Office Case No. P-440-LU710-CHI
Gentlemen:
Slobodan Golubovic, a member of Local Union 710, filed a protest pursuant to Article XIV, Section 2(b), of the Rules for the 1995-96 IBT International Union Delegate and Officer Election ("Rules") alleging that Cassens Transport Company of Aurora, Illinois, discharged him effective February 8, 1996, in order to discriminate and retaliate against him because he is a candidate for delegate and has filed charges against officers and agents of Local Union 710.
The protest was assigned to Regional Coordinator Julie E. Hamos for investigation.
The investigation revealed that the local union has filed a grievance on behalf of
Slobodan Golubovic
March 6, 1996
Page 1
Mr. Golubovic pursuant to the collective bargaining agreement between Cassens Transport Company and Local Union 710. The Election Officer has determined to defer her decision in this matter until the conclusion of the grievance procedure pursuant to the collective bargaining agreement. Pursuant to the Rules, the Election Officer has jurisdiction and authority to determine the instant protest on its merits. Further, the Election Officer is not bound, in whole or in part, by the decision reached in the grievance proceedings or by any findings of fact and conclusions of law made during the grievance procedure. See, Golubovic, P-025-LU710-CHI (July 21, 1995); Star Market, P-760-LU25-ENG, aff’d, 91 - Elec. App.-187, aff’d, U.S. v. IBT, 776 F.Supp. 144, aff’d, 954 F.2d 801 (2d Cir. 1992).
Thus, while the Election Officer will defer her decision in this matter, she has the authority to conduct an independent investigation of the allegations of the protest and issue a decision on the merits of the protest based upon her determination and evaluation of the evidence presented to her in such independent investigation. Mr. Golubovic is advised to inform the Election Officer of the outcome of this matter following completion of the grievance procedure under the collective bargaining agreement.
Accordingly, the protest is DEFERRED.
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 N. Capitol Street, Suite 855, Washington, DC 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
Julie E. Hamos, Regional Coordinator