March 4, 1996
VIA UPS OVERNIGHT
Ron Carey Experienced Slate
c/o Bernie Milazzo
257 Church Street
Lodi, NJ 07644
William P. Marler
906 Schooner Road
Toms River, NJ 08753
Re: Election Office Case No. P-521-LU125-PNJ
Gentlemen:
A 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 Bernie Milazzo, a member of Local Union 125. Mr. Milazzo alleges that William P. Marler, a member of Local Union 125 and a candidate for alternate delegate on the New Team slate, was impermissibly nominated and seconded at Local Union 125’s nomination meeting, and that Mr. Marler impermissibly accepted such nomination.
Specifically, Mr. Milazzo states that the two nomination statements and Mr. Marler’s acceptance statement, which appear on the “Letter of Nomination Alternate Delegate” form submitted to the Election Officer’s representative at the nominating meeting, are insufficient to qualify Mr. Marler to seek the position of alternate delegate. According to the protester, the statements of Mr. Marler, nominator Michael Guffin and seconder Glenn Thatcher imply that Mr. Marler sought the position of delegate rather than alternate delegate. Moreover,
Mr. Milazzo further states that Mr. Marler’s failure to personally attend the nomination meeting and state the position he sought should disqualify him.
Ron Carey Experienced Slate
March 4, 1996
Page 1
This protest was investigated by Regional Coordinator Peter V. Marks, Sr.
Local Union 125 held its nomination meeting on February 20, 1996. Election Officer Representative William Hannan received nominations and seconds in advance of the meeting. Mr. Marler submitted a letter headed with “Nomination for Alternate Delegate.” The text of the nominator, seconder and acceptance, however, stated that it was for the office of delegate. The Slate Declaration form clearly states that Mr. Marler was seeking an alternate delegate position. At the meeting, Mr. Milazzo challenged Mr. Marler’s acceptance, nomination and second on the same basis as alleged in the protest. Upon examining the relevant statements and forms,
Mr. Hannan accepted the nomination for alternate delegate. Mr. Hannan reasoned that the statements were submitted on the proper “Letter of Nomination Alternate Delegate” form and, thus, he was properly nominated for that position.
Article II, Section 5(f) of the Rules permits members to submit written nominations, seconds and acceptances rather than appearing in person at a nomination meeting. Therefore, Mr. Milazzo’s argument that Mr. Marler’s failure to attend the nomination meeting should disqualify him from seeking the position of delegate is without merit. Further, the Election Officer finds that Mr. Hannan’s decision to recognize Mr. Marler’s acceptance, nomination and second at the local union nomination meeting is consistent with the form submitted and the Slate Declaration form.
In consideration of the foregoing, Mr. Milazzo’s 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
Ron Carey Experienced Slate
March 4, 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 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