March 19, 1996
VIA UPS OVERNIGHT
Douglas Schmidt
8090 E. 400, N.
Brownsburg, IN 46112
Fair and Honest Representation Slate
c/o Gary Gregory
10815 Bakeway Drive
Indianapolis, IN 46231
Re: Election Office Case No. P-590-LU135-SEC
Gentlemen:
Douglas Schmidt, a member of Local Union 135, filed a pre-election 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 when Gary Gregory approached James Shimp and Stephen Glaze about affiliation with the Members for Fair and Honest Representation slate, he misrepresented the candidacy for which they were solicited by not revealing that they would be affiliated with a slate. This non-disclosure, the protester contends, invalidates their consent to be part of the slate under Article IX, Section 1(b) of the Rules.
Mr. Gregory responds that when he approached Mr. Shimp and Mr. Glaze about serving on the slate, he informed them both about the slate with which they would be affiliated, and about the existence and makeup of the opposition slate, headed by Local Union 135 President John Neal.
Adjunct Regional Coordinator Matthew Robinson, investigated the protest.
Article IX of the Rules governs the formation of slates for delegate elections.
Section 1(b) requires the consent of the slate’s membership before a slate is formed. Section 2(a) states:
Douglas Schmidt
March 19, 1996
Page 1
Once a candidate declares his/her intent to run as a member of a slate, he/she may not retract such declaration.
It is not disputed that Mr. Glaze and Mr. Shimp signed the slate-declaration form. Under Article IX of the Rules, those signatures are evidence of consent to be part of the Members for Fair and Honest Representation slate, and such consent cannot be revoked. On March 7, 1996, Mr. Shimp in a “Formal Request to Withdraw Name” states that “he was not given enough information when asked to be delegate.” The protester states that Mr. Shimp later told him that he did not know that he was signing to run on a slate. Mr. Glaze states that he made a mistake when he signed the slate declaration. He contends that he believed he was going to attend an educational convention, rather than agreeing to be a delegate candidate. Mr. Glaze admits that he saw other names and signatures on the slate-declaration document, but says he failed to read the document.
Mr. Gregory contends that when he solicited Mr. Shimp and Mr. Glaze, he fully disclosed the makeup of his slate and the opposition slate.
The “Declarations of Affiliation with a Slate,” a two-page document, clearly states that it involves such affiliation with the “Members for Fair and Honest Representation Slate!” The form itself reads as follows:
I . . . hereby affiliate with the slate of candidates listed below and on the reverse side of this form. I declare that I am a candidate for the position listed next to my name. I further declare that I have agreed to form a slate with all candidates listed, and that they have agreed to form a slate with me . . .
The Election Officer finds that the allegation that the slate declarations of Mr. Glaze and Mr. Shimp were obtained through misrepresentation is not supported by any credible evidence. In light of the nature of that document they signed, its heading, and Mr. Gregory’s statement, the Election Officer finds that there has been no violation of the Rules and
Mr. Glaze and Mr. Shimp are bound by the requirements of Article IX, Section 2(b), and cannot retract their slate declarations.
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:
Douglas Schmidt
March 19, 1996
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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
Matthew Robinson, Adjunct Regional Coordinator