June 17, 1998
VIA UPS OVERNIGHT
Robert C. Ream
4304 Duke Drive
Sacramento, CA 95822
Re: Election Office Case No. PR-122-LU150-EOH
Sir:
On June 12, 1998, Robert C. Ream, a member of Local Union 150, 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”) against the Election Officer. The protester asserts that the Election Officer should upgrade him to a delegate position because he was properly elected as the fourth alternate delegate during the Local Union 150 election of delegates to the International convention. The protester also asserts that if he is not upgraded to a delegate position, Local Union 150 will have less than a full complement of delegates for the supplemental nomination process.
The protest was investigated by Election Office Staff Attorney Peter F. Gimbrère.
The Local Union 150 Election Plan, approved on November 20, 1995, provided for eight (8) delegates and three (3) alternate delegates for the IBT 1996 International Officer Nominations. While a total of six (6) alternate delegates were elected by the local union membership, only the first three (3) alternate delegates were certified by the Election Officer, in accordance with the Local Union 150 Election Plan. The delegate election results were certified by the Election Officer on May 15, 1996. The Election Plan that provided for only three alternates, therefore, Mr. Ream’s election as the fourth alternate delegate does not qualify him as a certified delegate, regardless of any vacancies which have occurred in the delegate or alternate delegate listings. Despite the retirement of a number of Local Union 150 delegates, the protester cannot be upgraded to a delegate position to receive a ballot in the supplemental nomination process.
Article II, Section 4(e) of the Rules specifically provides a fifteen (15) day time period during which local union members can question or protest aspects of a Local Union Election Plan prior to its approval by the Election Officer. That period expired on December 5, 1995. The appropriate time to raised any objections regarding the plan’s number of alternate delegates to be certified was within that 15-day window. It is improper to attempt to change a local union Election Plan at this late date.
Mr. Robert C. Ream
June 17, 1998
Page 1
The Final 1996 IBT International Officer Rerun Election Plan, which was disseminated to all local unions on June 3, 1998, reads at I.C.1.:
The Election Officer shall mail supplemental nomination ballots to delegates elected for the 1996 Convention. If an elected delegate is no longer active or is on suspension, the ballot will be sent to the highest ranking active, non-suspended alternate delegate.
The Rerun Plan makes no provision for the nomination and election of delegates to replace those previously elected for the purpose of nominations at the 1996 IBT International Convention. Therefore, ballots were sent to all active delegates (and alternates, if applicable) without regard to whether any given local union has less than a full complement of delegates.
Accordingly, the protest is DENIED.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within one (1) 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, 444 North Capitol Street, NW, Suite 445, Washington, DC 20001, Facsimile (202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Michael G. Cherkasky
Election Officer
MGC:chh
cc: Kenneth Conboy, Election Appeals Master