November 27, 1996
VIA UPS OVERNIGHT
Henry Nettles
November 27, 1996
Page 1
Henry Nettles
19334 Fredonia Court
Riverside, CA 92508
Dennis Majors
Transportation Department
Oroweat
480 S. Vail Avenue
Montebello, CA 90640
Randy Cammack, Secretary-Treasurer
Teamsters Local Union 63
379 W. Valley Boulevard
Rialto, CA 92376
Henry Nettles
November 27, 1996
Page 1
Re: Election Office Case No. P-1206-LU63-CLA
Gentlemen:
Henry Nettles, a member of Local Union 63 and shop steward at the Oroweat facility in Montebello, California, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) alleging that “someone at Oroweat has been removing the Hoffa campaign materials from the Union board.” Mr. Nettles believes that fellow shop steward Dennis Majors has been removing the Hoffa campaign literature, because only he and Mr. Majors have keys to the locked bulletin board.
Mr. Majors denies removing any Hoffa campaign literature from the locked bulletin board or having any knowledge as to who has done so. In addition, Mr. Majors states that approximately 40 individuals have access to the bulletin board because the “tractor key,” which at least 40 employees have, opens the lock on the glass-enclosed bulletin board.
Regional Coordinator Dolly M. Gee investigated this protest.
Henry Nettles
November 27, 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 ensure 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.
The protest was received by the Election Officer on November 11, 1996. The protested event took place on October 31, 1996. Mr. Nettles states in his protest that the “last incident was on October 31, 1996.” The Election Officer finds that Mr. Nettles’ protest is untimely.
For the foregoing reasons, 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
Dolly M. Gee, Regional Coordinator