January 26, 1998
VIA UPS OVERNIGHT
James D. Potter
January 26, 1998
Page 1
James D. Potter
Teamsters Local Union 19
223 Wood Street
Grapevine, TX 76051
Sam Carter, Trustee
Teamsters Local Union 745
1007 Jonelle Street
Dallas, TX 75217
James L. Hicks, Jr., Esq.
2777 North Stemmons Freeway
Suite 1100
Dallas, TX 75207
Aaron Belk
6502 Poplar Corner
Walls, MS 38680
Bradley T. Raymond, Esq.
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
James P. Hoffa Slate
c/o Patrick J. Szymanski, Esq.
Baptiste and Wilder
1150 Connecticut Ave., NW
Suite 500
Washington, DC 20036
James D. Potter
January 26, 1998
Page 1
Re: Election Office Case No. PR-053-LU745-SOU
Gentlemen:
James D. Potter, a candidate for vice-president on the Hoffa Slate, 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”) against Local Union 745. Mr. Potter contends that his request to campaign at a membership meeting of Local Union 745 was improperly denied. Local Union 745 admits that Mr. Potter’s request was refused, but asserts that this act did not violate the Rules.
The protest was investigated by Regional Coordinator Dolores C. Hall.
James D. Potter
January 26, 1998
Page 1
By a letter dated December 5, 1997, the protester requested the opportunity to address the members of Local Union 745 at their next monthly meeting. The letter was addressed to Sam Carter, Trustee of Local Union 745. The purpose of the request, as stated in Mr. Potter’s letter, was as follows:
As I am sure you know, I am running for the Vice Presidency of the Southern Region of the International Brotherhood of Teamsters, on the Hoffa Slate, and I am aware that my opponent, Aaron Belk, has already had the privilege (sic) to speak before Local 745's membership at the September 1997 meeting. I would appreciate the opportunity to do the same.
In his response dated December 22, 1997, Mr. Carter confirmed that Mr. Belk had appeared before a membership meeting on September 7, 1997, but stated that Mr. Belk’s remarks were strictly confined to his role as an incumbent International vice president and executive assistant to the general president. According to Mr. Carter’s letter, Mr. Belk was not invited as a candidate and complied with a request to refrain from any campaign activity. Therefore, Mr. Carter denied the request.
It is the practice of Local Union 745 to record all regular membership meetings on video tape. The video tape for the September 7, 1997 meeting was requested by the Election Officer and reviewed. The Election Officer finds that Mr. Belk’s comments at the regular membership meeting of Local Union 745 on September 7, 1997, were not election-related.
Pursuant to Article VIII, Section 5(a), any local union which grants a candidate an opportunity to address a membership meeting must give equal access to other candidates. Article VIII, Section 5(a)(3) provides, in pertinent part, as follows:
The Local Union need not allot time for campaigning during any of its meetings. However, if campaigning during such meetings is permitted, the Local Union shall notify all candidates for the positions for which such campaigning will be permitted of the opportunity to speak at least five (5) days prior to the meeting and shall divide the time equally between those candidates . . . who request any opportunity to speak.
The protester has submitted no evidence to show that Mr. Belk or any other candidate for southern region International vice-president was permitted to address the membership of Local Union 745 for campaign purposes. The investigation similarly failed to disclose any such evidence. The equal access provisions of Article VIII, Section 5 are therefore not applicable. Evans, P-030-LU769-SEC (September 27, 1995); Caffrey, P-047-JC16-NYC (October 19, 1995); Belk, P-117-JC87-SCE (September 20, 1995), aff’d, 95 - Elec.App. - 24 (KC) (October 16, 1995).
James D. Potter
January 26, 1998
Page 1
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, 400 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
Dolores C. Hall, Regional Coordinator