April 3, 1996
VIA UPS OVERNIGHT
Godfried Ravelingeen
5515 N. Major
Chicago, IL 60630
Timothy Randazzo
6311 N. Tripp
Chicago, IL 60646
Re: Election Office Case Nos. P-592-LU726-CHI
P-606-LU726-CHI
Gentlemen:
Godfried Ravelingeen, a member of Local Union 726, 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”) against Timothy (Red) Randazzo, a candidate for delegate from Local Union 726. The protester alleges that Mr. Randazzo campaigned during work time on March 5, 1996 at the protester’s workplace. Mr. Randazzo filed P-606-
LU726-CHI, also a pre-election protest, alleging that when he came to the protester’s workplace to campaign on March 5, 1996, Mr. Ravelingeen ordered him to leave the property, thereby violating Mr. Randazzo’s political rights under the Rules. Mr. Randazzo responds that he was campaigning on his own time.
Because these protests involve the same parties and the same incident, they were consolidated for decision. Regional Coordinator Julie E. Hamos investigated the protests.
Mr. Ravelingeen works for the City of Chicago Water Department facility at Sunnyside Yard. Mr. Randazzo works at O’Hare Airport on a shift from 7:00 a.m. to 3:00 p.m. He came to Sunnyside Yard on Tuesday, March 5, 1996 at approximately 3:20 p.m. to campaign on behalf of the Hoffa-Hogan ‘96 slate of candidates for delegate, which includes
Godfried Ravelingeen & Timothy Randazzo
April 3, 1996
Page 1
Mr. Randazzo. While there, he campaigned by speaking with Local Union 726 members who were either on break, coming to work or leaving work. Mr. Randazzo also posted campaign literature on union bulletin boards.
The Rules, at Article VIII, Section 11(a) and Article XII, Section 1(b)(4), plainly forbid a candidate or member from campaigning during his or her working hours, but permit a broad range of campaign rights during non-working hours. Here, Mr. Randazzo was campaigning after work, and, therefore, did not violate the Rules.
In P-606-LU726-CHI, Mr. Randazzo alleges that Mr. Ravelingeen violated his political rights during his visit to Sunnyside Yard on March 5, 1996. Mr. Randazzo, however, filed his protest on March 12, 1996, beyond the two-business day time limit for filing a protest specified in the Rules at Article XIV, Section 2(b). Therefore, this protest is untimely.
Accordingly, the protests are 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
Julie E. Hamos, Regional Coordinator