February 21, 1996
VIA UPS OVERNIGHT
Larry Deane
5333 Coventry Court
Norcross, GA 30071
Rufus Cantrell, President
Teamsters Local Union 528
2540 Lakewood Avenue, S.W.
Atlanta, GA 30315
Re: Election Office Case No. P-354-LU528-SEC
Gentlemen:
Larry Deane, a member of Local Union 528, filed a protest pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”). The protester alleges that Local Union 528 has discriminated against the Teamster Pride slate of delegates from Local Union 528 and the candidacy of Mr. Hoffa by making available in the entrance area of the local union hall the Convoy-Dispatch, the newspaper of the Teamsters for a Democratic Union (“TDU”), which the protester asserts attacks
Mr. Hoffa’s candidacy and supports the candidacy of General President Ron Carey.
Adjunct Regional Coordinator Maureen Geraghty investigated the protest.
Article VIII, Section 11(d) of the Rules provides:
Larry Deane
February 21, 1996
Page 1
No restrictions shall be placed upon candidates’ or members’ preexisting rights to use employer or Union bulletin boards for campaign publicity. Similarly, no restrictions shall be placed upon candidates’ or members’ preexisting rights to solicit support, distribute leaflets or literature, conduct campaign rallies, hold fund-raising events or engage in similar activities on employer or Union premises. Such facilities and opportunities shall be made available to all candidates and members on a nondiscriminatory basis.
Rob Hickey, the administrative assistant of Local Union 528, states that the local union has not refused to place campaign material on the table in the entrance area of the union hall, where it has placed copies of the Convoy-Dispatch. Further, the local union is willing to distribute campaign literature in the same manner on behalf of any candidate or group of candidates for delegate or International office.
Under these circumstances, the Election Officer concludes that further processing of this protest is unwarranted. The protester’s complaint as stated in this protest has been addressed, and the relief requested has been achieved. Accordingly, this protest is now RESOLVED.
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 North 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
Maureen Geraghty, Regional Coordinator