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Office of the Election Supervisor for the International Brotherhood of Teamsters

 

 

 

 

 

 

 

 

 

 

 

 

November 25, 1996

 

 

VIA UPS OVERNIGHT

 

Dan Ward

3608 Echo Valley Circle

LaGrange, KY  40031

 

Lon E. Fields, President

Teamsters Local Union 89

3813 Taylor Boulevard

Louisville, KY  40215

 

Re:  Election Office Case No. P-1252-LU89-SCE

 

Gentlemen:

 

Dan Ward, a member of Local Union 2727, 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”) alleging that “associates of Local [Union] 89” engaged in campaigning at UPS in Louisville, Kentucky, on time paid for by the local union.

 

The local union denies any knowledge of anyone campaigning at the facility at the time alleged by Mr. Ward.

 

Adjunct Regional Coordinator Joe F. Childers investigated this protest.

 

The investigation revealed that on November 19, 1996, at approximately 1:00 or

1:30 a.m., Mr. Ward was handed campaign literature by persons he did not know.  Mr. Ward is employed at the UPS facility at Standiford Airport in Louisville.  While on duty at an airport ramp waiting for airplanes to land, Mr. Ward took an unscheduled break in order to get a cup of coffee.  As he was returning to his work area, he was handed campaign literature along with several people who were reporting to work.

 

 


Dan Ward

November 25, 1996

Page 1

 

 

Local Union 89 Principal Officer Lon E. Fields denies any knowledge as to who may have been campaigning at the airport at 1:00 a.m. on November 19, 1996.

 

Article VIII, Section 11(b) of the Rules states, in relevant part, that union officers and employees have a right to campaign, however, “such campaigning must not involve the expendi-ture of Union funds.  Accordingly, officers and employees (and other members) of the union may not campaign on time that is paid for by the Union.”

 

Mr. Ward did not provide the Election Officer with any evidence that the people campaigning were campaigning on union time or being paid with union funds.

 

Article XIV, Section 1 of the Rules states, in relevant part, that “[w]ith respect to any protest, it shall be the burden of the complainant to present evidence that a violation has occurred.”  The Election Officer finds that Mr. Ward did not provide any evidence to support this allegation. 

 

For the foregoing reasons, this 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

Joe F. Childers, Adjunct Regional Coordinator