Protest Decisions

October 11, 1996

VIA UPS OVERNIGHT

John W. Garrett

6052 Lindale Street

Douglasville, GA 30135

Jack Cipriani, President

Teamsters Local Union 391

3100 Sandy Ridge Road

Colfax, NC 27235

Re:  Election Office Case No. P-1015-LU391-SEC

Gentlemen:

John Wayne Garrett, an IBT International representative, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”) alleging that Local Union 391 and its president, Jack Cipriani, violated the Rules by publishing a “Special Convention Edition” of the local union’s newsletter, “The Voice of Teamsters 391.”  Mr. Garrett contends that the newsletter was “very much slanted to make those who receive it believe that the Carey 96 Slate and supporters prevented many issues from being resolved” at the IBT Convention in July.  He also contends that “[i]n fact, it was the Hoffa Slate and their supporters who prevented constitutional changes from being passed . . .”

Local Union 391 responds that Mr. Garrett’s protest is untimely.  It further states that “the content of the newsletter speaks for itself.”

This protest was investigated by Regional Coordinator J. Griffin Morgan.

John W. Garrett

October 11, 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. Garrett filed his protest on September 25, 1996.  The investigation revealed that the protested publication had, at that time, been in circulation for approximately one month.  Mr. Garrett responds to Local Union 391’s suggestion that his protest is therefore untimely by stating that he is not a member of that local union and is not on the mailing list for the publica-tion.  He further states that he filed his protest immediately after he received a copy of the protested newsletter in the mail from a Local Union 391 member.

In Ruscigno, P-144-LU337-MGN (October 4, 1995), aff’d, 95 - Elec. App. - 25 (KC) (October 18, 1995), the Election Officer recognized that where a local union publication is protested by members who do not normally receive it, “[a] reasonable delay between the date the publication was first mailed and the date when the protesters could reasonably be expected to have seen it would naturally exist.”  In that matter, the Election Officer nevertheless found the protest untimely, which was filed two weeks after the publication issued.  In affirming, the Election Appeals Master stated,

Unless certain time limits are imposed by the Election Officer concerning when protests may be filed, protestors who are not on the mailing list for union publications could, theoretically, file a protest whenever the publication is brought to their attention -- perhaps weeks or months after the actual distribution of the publication.  Such a broad reading of the Election Rules would, in the long run, limit the effectiveness of the Rules.

The month delay between the publication of Local Union 391’s “Special Convention Edition” and Mr. Garrett’s protest about it exceeds the limit of reasonable delay.[1]  Therefore, the Election Officer finds that Mr. Garrett’s protest is untimely.

For the foregoing reason, 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:

John W. Garrett

October 11, 1996

Page 1

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

J. Griffin Morgan, Regional Coordinator