October 4, 1996
VIA UPS OVERNIGHT
Dennis J. Feichtinger
October 4, 1996
Page 1
Dennis J. Feichtinger
2216 3rd Street
Trenton, MI 48183
Lawrence Brennan, President
Teamsters Local Union 337
2801 Trumbull Avenue
Detroit, MI 48216
Reno Misfud
Teamsters Local Union 337
2801 Trumbull Avenue
Detroit, MI 48216
Jerry Bliss
Teamsters Local Union 337
2801 Trumbull Avenue
Detroit, MI 48216
Dennis J. Feichtinger
October 4, 1996
Page 1
Re: Election Office Case No. P-1011-LU337-MGN
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 Dennis Feichtinger, a member of Local Union 337. Mr. Feichtinger alleges that Reno Misfud and Jerry Bliss, business agents for Local Union 337, threatened and harassed him, in violation of the Rules, for the protester’s removal of campaign stickers from a public stop sign. The protester contends that, after personally threatening him, Messrs. Misfud and Bliss called
Mr. Feichtinger’s employer and attempted to have him discharged.
Regional Coordinator William A. Wertheimer, Jr. investigated the protest.
Dennis J. Feichtinger
October 4, 1996
Page 1
Mr. Feichtinger alleges that he was threatened and harassed on August 2, 1996. His protest was received by the Election Officer on September 23, 1996. 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. “Nevertheless, the Election Officer has not treated time limits as an absolute jurisdictional requirement, but rather as a prudential restriction.” Hoffa, P-788-IBT-EOH (June 18, 1996); Blake, P-712-LU630-CLA (April 29, 1996). In prior cases, the Election Officer has waived the timeliness requirements of the Rules if the protest was not excessively untimely and the alleged violation was serious.
While recognizing the seriousness of retaliation allegations, Mr. Feichtinger’s failure to file the protest for almost two months creates an excessive time delay that the Election Officer cannot overlook. The protester is advised to immediately file a protest with the Election Officer if he is subjected to any retaliatory treatment in the future.
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
William A. Wertheimer, Jr., Regional Coordinator