November 6, 1996
VIA UPS OVERNIGHT
John Cetinske
117 Peak Hill Circle
Nashville, TN 37211
Diana Kilmury, Vice President
International Brotherhood of Teamsters
2612 E. 47th Avenue
Vancouver, BC V5S 1C1
Re: Election Office Case No. P-1182-LU480-EOH
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
John Cetinske, a member of Local Union 480. Mr. Cetinske challenges the eligibility of Diana Kilmury, International vice president-at-large, to run for reelection. Mr. Cetinske contends that because the “United States Teamsters” and Teamsters Canada are now separate unions, Ms. Kilmury, as a member of Teamsters Canada, is not eligible to serve in the position of International vice president-at-large.
Election Office Staff Attorney Jonathan K. O’Neill investigated the protest.
Article IV, Section 5(o) of the Rules states, in relevant part:
John Cetinske
November 6, 1996
Page 1
Any protest with respect to the eligibility of a person nominated from the floor as a candidate for International office must be filed within one (1) hour of the close of floor nominations for that office. Any other protest with respect to the nomination or election at the Convention of a candidate for International office where the remedy sought is disqualification of the candidate must be filed no later than one (1) hour after announcement of the results of the secret ballot nomination vote for that office. These time limitations shall not be construed so as to extend the time for filing a protest which would otherwise be governed by
Article XIV of the Rules.
This section of the Rules was intended to insure swift investigation and resolution of allegations concerning the eligibility of nominated International officer candidates.
Ms. Kilmury was nominated to run for the position of vice president-at-large at the IBT Convention in Philadelphia, Pennsylvania on July 17, 1996, in accordance with the Rules. The results of the secret-ballot nomination were released on July 18, 1996. Mr. Cetinske’s protest challenging Ms. Kilmury’s eligibility was received by the Election Officer on November 4, 1996. As a result, the 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, 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