OFFICE OF THE INDEPENDENT HEARING OFFICER
IN THE MATTER OF |
|
DOCKET NO. |
|
LOCAL 300 NICK BRKICH |
|
98-29P |
ORDER AND
MEMORANDUM
|
||
This Order and Memorandum addresses the protest filed by Nick Brkich (“Brkich”) concerning the nomination for the election of officers of the Laborers’ International Union of North America (“LIUNA”) Local Union 300 (“Local 300”) in Los Angeles, California.
FINDINGS OF FACT
1. Local 300 held a nomination meeting on May 2, 1998. After the nominations were accepted, an announcement was made that the meeting would be adjourned so that the Judges of Election (“Judges”) could examine the candidates’ qualifications for office. The following discussion took place:
[Charles Lyle, Judge] Brothers and Sisters, the qualification meeting will be held immediately upon recess of this meeting. And we will take the candidates one at a time into room 512 right across the hall. An also there’s another announcement that any member in good standing wishing to protest the qualifications of any candidate or who may have information regarding the qualifications of other candidates may also appear before the judges of election at the time and place specified which just stated is across the hall immediately upon recess of this meeting in room 512.
Transcript of Nominations Meeting, May 2, 1998 (“Tr.”), at 37.
2. The Judges refused to allow Brkich to be present while the candidates were being examined. After the candidates were examined, the Judges sent security personnel throughout the hall to look for Brkich so that he could present his protest at that time, See Statement of Charles Lyles (October 20, 1998). Security personnel could not locate Brkich. Id. The Judges then concluded the qualification hearing and reconvened the nomination meeting.
3. At the meeting, Brkich lodged a protest regarding his opportunity to protest the candidates’ qualifications. Lyles informed Brkich that the Judges would meet with him immediately following the adjournment of the nomination meeting. Lyles said, “As soon as this meeting is adjourned, Nick, we will meet with you and you can voice your complaints at that time.” Tr. 41. Brkich continued to insist on having his protest heard during the meeting and was again told the Judges would meet with him after the meeting. Lyles said, “The election committee will meet with you after this meeting is adjourned.” Id. at 42.
4. Brikich refused to meet with the Judges after the nomination meeting.
5. By letter dated May 11, 1998, and received by Local 300 on May 12, 1998, Brkich challenged the qualifications of the several candidates for office.[1] Lyles sent Brkich a reply indicating that his protest was untimely, and that he had previously been given the opportunity to voice his protest but had not appeared to do so. See letter from Charles Lyles, Chairman, Judges of Election to Nick Brkich of June 23, 1998.
6. The election was held on June 20, 1998.
7. Brkich attempted to submit a protest to the IHO by facsimile on June 26, 1998 and July 3, 1998. However, both submissions were illegible and some portions had been cut off. It was impossible for the IHO to determine the nature of Brkich’s protest.
8. The Uniform Local Union Constitution establishes time limit for nomination protests: “Any member aggrieved with the nomination process must appeal directly to the Independent Hearing Officer prior to the holding of the election.” Article XII, Section 8.
9. The election of officers was held on June 20, 1998.
10. Brkich’s protest was untimely. It is the policy of the IHO to permit a waiver of this time requirement upon a showing of good cause. As will be demonstrated below, Brkich has made so such showing.
11. The IHO staff attempted to interview Brkich but was unable to reach Brkich by telephone. The IHO then requested a member of the Inspector General’s staff in California, William Flemming (“Flemming”), to contact Brikch in person concerning his election protest. See letter from Peter F. Vaira, Independent Hearing Officer, to William Flemming of October 10, 1998.
12. Flemming spoke to Brkich by telephone on October 17, 1998. Brkich told Flemming that Flemming should have a copy of the transcript of the nomination meeting to discuss the specific election violations referred to in his protest.
13. Flemming requested and received a copy of both the transcript and a statement from the Judge, Charles Lyles.
14. Flemming contacted Brkich, informed him that he had the requested materials and requested a meeting to discuss the protest. Brkich refused to meet with Flemming as previously agreed.
15. All reasonable avenues have been exhausted to determine the specifics of Brkich’s protest concerning the qualification of officers of Local 300 during the June 20, 1998 election. Brkich has not shown any proof of good cause why his untimely protest should be waived.
CONCLUSIONS
1.
The Judges
refusal to permit Brkich to attend the examination the candidates was
proper. The Judges gave Brkick ample
opportunity to lodge any protest.
2.
Brkich filed an
untimely nomination protest with the IHO.
3. Brkich failed to meet a member
of the Inspector General’s staff to discuss his protest.
4. I find that the nomination procedures were properly followed by Local 300 and that Brkich was given ample opportunity to file his protest.
5. Brkich has failed to show any reason why his failure to file a timely protest should be waived.
DECISION
The nomination protest of Brkich is DENIED.
|
|
s/ Peter
F. Vaira
|
|
|
PETER F. VAIRA INDEPENDENT HEARING OFFICER |
|
|
|
|
Date: February 12, 1999 |
|
|
Local Union 300 Nick Brkich |
|
[1]
Brkich protested the following individuals:
Jamie Hernandez, President, Willie “Moto” Robinson, Vice President, Herb
“Indio” Barton, Recording-Secretary, Carlos R. Cerna, Secretary-Treasurer,
Sergio Rascón, Business
Manager, Tony Olea III, Sergeant-at-Arms, Willie Risper, Auditor, Ramon Gomez, Auditor, Luis Robles, Auditor, Rick Quevedo, Executive Board, and Seferino Reyes, Executive Board.