April 16, 1996
VIA UPS OVERNIGHT
Albert Martinez
741 W. Glenn
San Antonio, TX 78225
Rick Glasebrook, President
Teamsters Local Union 657
8214 Roughrider
San Antonio, TX 78239
Re: Election Office Case No. P-684-LU657-SOU
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”) by Albert Martinez, a member of Local Union 657 and candidate for delegate on the Member’s Voices slate.
Mr. Martinez alleges that Local Union 657 put different requirements on a campaign mailing sent out by his slate on or about February 29, 1996, and one sent out by the Members First! slate on March 6, 1996. The Members First! slate is headed by Local Union 657 President Rick Glasebrook. Specifically, Mr. Martinez asserts that the local union required his slate to use a mailing house, mail to the entire membership list, and make a $350 deposit before mailing, whereas Members First! did not use a mailing house, mailed to separate crafts, and did not make a prior deposit. Mr. Martinez also alleges that Members First! was allowed to use cheaper mailing labels. The Election Officer deferred the protest for consideration post-election, pursuant to Article XIV, Section 2(f)(2) of the Rules.
This protest was investigated by Regional Coordinator Dolores C. Hall.
Albert Martinez
April 16, 1996
Page 1
Article XIV, Section 2(b) requires protesters to file “within two (2) working days of the day when the protestor becomes aware or reasonably should have become aware of the action protested.” The short time limits are important to ensuring that alleged violations of the Rules are quickly brought to the attention of the Election Officer in order to afford the greatest opportunity for applying an effective remedy if a violation is found.
Mr. Martinez’s protest relates to alleged differences in mailing requirements for mailings done on February 29 and March 6. Mr. Martinez filed his protest on March 28, 1996, three weeks after the March 6 mailing and only two days before ballots were to be counted for Local Union 657’s delegate election on March 30. His protest is, therefore, untimely.[1]
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
Dolores C. Hall, Regional Coordinator
[1]The Election Officer’s investigation of the timeliness issue revealed that Mr. Martinez spent some of this three-week period attempting to obtain receipts from the local union to document his claims. Thus, it appears that he had sufficient knowledge to file a protest and place the matter before the Election Officer for investigation.