April 4, 1996
VIA UPS OVERNIGHT
Andrew Meyers, et al.
April 4, 1996
Page 1
Andrew Meyers
710 Speer Avenue, Apt. 3
Clifton, NJ 07013
Jeff Marion
1 Foxhart Drive
Rockaway, NJ 07866
Al Santora
135 Poplar Avenue
Pompton Lakes, NJ 07442
Anthony Santora
135 Poplar Avenue
Pompton Lakes, NJ 07442
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
Lawrence DeAngelis, Jr., Sec.-Tres.
Teamsters Local Union 999
6-7 Village Square East
Botany Village
Clifton, NJ 07011
John J. Sullivan, Assoc. Gen. Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
Andrew Meyers, et al.
April 4, 1996
Page 1
Re: Election Office Case No. P-493-LU999-PNJ
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 Officer Election (“Rules”) by five members of Local Union 999: Al Santora, Anthony Santora, Peter Weber, Andrew Meyers and Jeff Marion (“the Protesters”).
The Protesters allege that at the conclusion of Local Union 999’s nomination meeting, Assistant Trustee Peter McGourty impermissibly failed to recognize a local union member who wished to speak at the meeting. No specific Rules provision is cited as having been violated.
This protest was investigated Regional Coordinator Peter V. Marks, Sr.
Andrew Meyers, et al.
April 4, 1996
Page 1
Mr. Marks chaired the local union’s February 19, 1996, nomination meeting. After concluding the business of accepting nominations for persons seeking to run as a delegate or alternate delegate, Mr. Marks relinquished the chair to Mr. McGourty. Mr. McGourty requested a motion to end the meeting. Some dissent was voiced, but a motion was made by a member to adjourn the meeting. The dissenters sought an opportunity for a former local union executive officer to address the meeting. Nonetheless, by a split-voice vote, Mr. McGourty declared that a majority of attendees had approved the motion, and the meeting was adjourned.
The Election Officer’s jurisdiction under the Consent Order between the IBT and the United States government is limited to the supervision of International officer elections. The Election Officer has no authority to determine issues or to resolve protests relating to local union matters. Thus, Mr. McGourty’s choice not to recognize the former local union officer who wished to be heard following the nomination meeting does not implicate conduct protected by the Rules.
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 & 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
Peter V. Marks, Sr., Regional Coordinator
Andrew Meyers, et al.
April 4, 1996
Page 1