February 26, 1996
VIA UPS OVERNIGHT
Roman Garcia
February 26, 1996
Page 1
Roman Garcia
7906 West 90th Avenue
Westminster, CO 80021
George Kieffer
Teamsters for Justice Slate
3440 Youngfield Street #101
Wheatridge, CO 80033
Robert Newhouse
Teamsters for Justice Slate
3440 Youngfield Street #101
Wheatridge, CO 80033
Tim Mace
Teamsters for Justice Slate
3440 Youngfield Street #101
Wheatridge, CO 80033
Curt Bowker
Teamsters for Justice Slate
3440 Youngfield Street #101
Wheatridge, CO 80033
Roman Garcia
February 26, 1996
Page 1
Re: Election Office Case No. P-463-LU435-RMT
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Office Election ("Rules") by Roman Garcia,
secretary-treasurer of Local Union 435 and a candidate for delegate on the Teamsters United slate, against George Kieffer, Tim Mace, Robert Newhouse and Curt Bowker, candidates for delegate on the opposing Teamsters for Justice slate. The protester asserts that a leaflet distributed by the Teamsters for Justice slate, which states that Mr. Garcia and the local union executive board are trying to merge a segment of Local Union 435 into Local Union 537, "is completely false and untrue."
The charged parties respond that the protest is untimely.
Roman Garcia
February 26, 1996
Page 1
The protest was investigated by Associate Regional Coordinator Zeik A. Saidman.
The leaflet distributed by the Teamsters for Justice slate has the heading "State of the Union" and a date of February 1996. The leaflet asks: "Are Roman Garcia and Steve Vairma preparing a petition to split the grocery barns out of Local 435 and merge them into Local 537?" Claiming that such a merger would be harmful to the local union, the leaflet queries whether "the Executive Board/Teamsters United slate [is] behind this anonymous petition???? We challenge the authors of this petition to step out into the light." The leaflet urges members not to sign these petitions and declares that the Teamsters for Justice slate "stand(s) for solidarity."
Article XIV, Section 2(b) of the Rules requires all pre-election protests to be filed "within two (2) working days of the day when the protestor becomes aware or reasonably should have become aware of the action protested." The charged parties claim that Mr. Garcia's protest, which was filed on February 14, is untimely because it concerns "a matter that occurred on" February 5, 1996.
The requirement to promptly file protests is an important part of the election process. The short time limits were designed to ensure that alleged violations of the Rules would be 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.
In the instant protest, the investigation conducted by the Election Officer indicates that the Teamsters for Justice slate distributed their leaflet to members of Local Union 435 on Monday, February 5, 1996. According to the president of Local Union 435, a leaflet was dropped through the door of the local union office on February 8, and Mr. Garcia, who was out of the office in negotiations on February 7 and 8, did not see the leaflet until Friday, February 9.
Even assuming this explanation to be true, Mr. Garcia filed his protest within three (3) working days, on Wednesday, February 14. The Election Officer finds this protest is untimely.
Accordingly, the instant 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 & Watkins
885 Third Avenue, Suite 1000
New York, NY 10022
Fax (212) 751-4864
Roman Garcia
February 26, 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
Zeik A. Saidman, Regional Coordinator