April 8, 1996
VIA UPS OVERNIGHT
Richard Lopez
April 8, 1996
Page 1
Richard Lopez
606 N. 6th Avenue
Maywood, IL 60153
Salvador Gonzalez
304 Gerry Street
Gary, IN 46406
Donnie Von Moore
824 E. 52nd Street
Chicago, IL 60615
Eddie Kornegay, Trustee
Teamsters Local Union 743
300 S. Ashland Avenue
Chicago, IL 60607
Richard Lopez
April 8, 1996
Page 1
Re: Election Office Case No. P-701-LU743-SCE
Gentlemen:
Richard Lopez, a member of Local Union 743, 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”). The protester alleges that campaigning occurred at the offices of Local Union 743 at a meeting held for the shop stewards of Lakewood Engineering Company. Mr. Lopez contends that at this meeting Donnie Von Moore and Salvador Gonzalez criticized James Hoffa and urged the stewards to vote for the MTM slate supporting Ron Carey.
Mr. Lopez alleges that this is part of a continuing practice by Local Union 743 Trustee Eddie Kornegay of permitting use of Local 743 resources, staff, and equipment for campaigning, noting that Mr. Kornegay has been “caught” violating the Rules at least five times.
Messrs. Gonzalez and Von Moore respond that no campaigning occurred, and that the meeting was in fact a legitimate training session.
Regional Coordinator Bruce Boyens investigated the protest.
Article XII, Section 1(b)(4) of the Rules prohibits campaigning on union time, and Article XII Section 1(b)(3) prohibits the use of union resources to promote candidacy.
Richard Lopez
April 8, 1996
Page 1
The Election Officer finds that on March 30, 1996, a meeting was held at the Local Union 743 offices to train new shop stewards for Lakewood Engineering, Inc. It is undisputed that virtually the entire meeting was devoted to instruction in and discussion of the local union bylaws, the IBT Constitution, and similar legitimate organizational matters. According to a witness identified by the protester, as the meeting was ending, Mr. Von Moore “spoke bad things about J. Hoffa.” The witness did not identify more than this single cursory remark and did not supply any details or other specifics.
Due to the vagueness of this account and the failure of the protester to offer any other evidence to substantiate the allegation, the Election Officer find that, at most, what was said was a brief remark or two, which took place as the meeting concluded. As such, the alleged campaign-related remarks are incidental to union business and do not violate the Rules. See Dillon, P-467-LU284-CLE (March 4, 1991).
Because the Election Officer finds that there is no violation here, she finds it unnecessary to address Mr. Lopez’s allegation that there is a pattern of violations of the Rules.
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, 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
Bruce Boyens, Regional Coordinator