October 2, 1996
VIA UPS OVERNIGHT
Walter Talt
October 2, 1996
Page 1
Walter Talt
28 Karen Road
Highland Lake, NJ 07422
Ron Carey Campaign
c/o Nathaniel K. Charny
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
Chris Gunnells, Trustee
Teamsters Local Union 807
32-43 49th Street
Long Island City, NY 11103
Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond,
Ferrara & Feldman, P.C.
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334
Walter Talt
October 2, 1996
Page 1
Re: Election Office Case No. P-1012-LU807-NYC
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by
Walter Talt, a member of Local Union 807. Mr. Talt alleges that Local Union 807 Trustee Chris Gunnells retaliated against him for supporting James P. Hoffa, a candidate for general president. Mr. Talt states that on September 7, 1996, he and four other IBT members attempted to carry a Hoffa placard at a Labor Day parade in which Local Union 807 members were carrying signs in support of Ron Carey. Mr. Talt states that he was denied access to the parade by Mr. Gunnells because of his political beliefs. In response, Mr. Gunnells states that the protest is untimely.
New York City Protest Coordinator Barbara C. Deinhardt investigated this protest.
Walter Talt
October 2, 1996
Page 1
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.
Mr. Talt’s protest letter was received by the Election Officer on September 25, 1996. Mr. Talt states that he did not file the protest sooner because he was out of town several times during the period and that he was debating whether to file a protest. He admits that he was aware of the time limits under the Rules. Under these circumstances, the Election Officer finds that Mr. Talt’s protest is untimely.
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
Barbara C. Deinhardt, New York City Protest Coordinator