August 14, 1996
VIA UPS OVERNIGHT
Bernerd Marosites
August 14, 1996
Page 1
Bernerd Marosites
2235 Britton
Benton Harbour, MI 49022
Ron Carey, General President
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
John Sullivan, Associate General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
Nathaniel Charny
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
Bernerd Marosites
August 14, 1996
Page 1
Re: Election Office Case No. P-864-IBT-SCE
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 Bernerd Marosites, a member of Local Union 7. Mr. Marosites alleges that articles that appeared in the June 21, 1996 issues of The Teamster Leader and Teamsters Freight Bulletin and the July/August 1996 issue of The Teamster supported the candidacy of General President Ron Carey, in violation of the Rules.
Regional Coordinator Bruce Boyens investigated the protest.
Article XIV, Section 2(b) of the Rules 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.
Bernerd Marosites
August 14, 1996
Page 1
The Teamster magazine was mailed to IBT members on June 21, 1996. The other protested publications were mailed to IBT members on June 28, 1996. The protest was received by the Election Officer on August 1, 1996.
Regarding the date on which the protest was filed, the protester could not state when he received the protested publications, but admits that he waited “five or six days” after he reviewed the publications before filing this protest. The protest is, therefore, clearly untimely.
The Election Officer advises the protester, however, that she has previously ruled that the articles in the July/August issue of Teamster and the July 21, 1996 issue of the Teamster Leader did not violate the Rules. Volpe, et al., P-828-IBT-MGN, et al. (July 11, 1996), aff’d, 96 - Elec. App. - 218 (KC) (July 23, 1996). A copy of this decision is attached for the protester’s information.
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, D.C. 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
Bruce Boyens, Regional Coordinator