December 2, 1996
VIA UPS OVERNIGHT
Anthony Fiori
5917 S. Nashville
Chicago, IL 60638
Daniel E. Stefanski, Secretary-Treasurer
Teamsters Local Union 726
300 S. Ashland Avenue, Room 206
Chicago, IL 60607
Re: Election Office Case No. P-1299-LU726-EOH
Dear Mr. Fiori:
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 Anthony Fiori, a member of Local Union 726. Mr. Fiori alleges that public sector employees represented by Local Union 726 have not received ballots from the Election Officer because the local union is refusing to accept dues from seasonally-employed members who have now returned to work or to sign up new members who have recently begun work.
Election Office Staff Attorney Jonathan K. O’Neill investigated the protest.
Mr. Fiori did not provide any names of allegedly affected members or work sites. Rather, he claims that various groups of employees at different work sites have been disenfranchised based on various practices of the local union and its stewards.
Anthony Fiori
December 2, 1996
Page 1
No active member of the union is disenfranchised under the Rules and procedures established by the Election Officer. If a member did not receive a ballot in the initial mailing of ballots on November 7, 1996, he or she is instructed to call the Election Officer’s toll-free number at 800-691-2221 to request a ballot. A reminder to call the toll-free number if one does not receive a ballot is contained in the Notice of Election, published in English, French and Spanish in the October and November/December issues of The Teamster magazine. The Rules also require the Notice of Election to be posted on all local union bulletin boards at work sites.
Mr. Fiori states that members who have not received a ballot have called the toll-free number to request a ballot and were told that they are not eligible to receive a ballot because they are not active members of the union. The Election Officer has established procedures so that challenges to the initial determination of ineligibility to receive a ballot are handled on an individual basis. If a member wishes an examination of his or her eligibility to receive a ballot beyond the initial step of speaking with the Election Office operators on the toll-free number, the member is told to submit a written request to the Ballot Desk by letter or facsimile
(202) 624-3525.
Mr. Fiori has been instructed that any active member who did not receive a ballot should call the toll-free number. He did not present any evidence that any member of his local union entitled to receive a ballot has been denied the opportunity to receive one.
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