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Office of the Election Supervisor for the International Brotherhood of Teamsters

September 28, 1998

 

VIA FIRST CLASS  MAIL

 


Jimmy Richards

September 28, 1998

Page 1

 

Jimmy Richards

2875 Ackworth Due West Road

Kennesaw, GA 30125

 

Ron Smith

429 Oldewick Trail

Hoschton, GA 30548

 

Doris Sanders

287 Greenwood Lane

Peachtree City, GA 30269

 

Melba Coffman

1673 Hearthstone Court

Jonesboro, GA 30236

 

Julia Holt, Asst. BA

Teamsters Local Union 528

2540 Lakewood Avenue, S. W.

Atlanta, GA 30315

 

Doug Mims

1645 Brantford Drive

Tucker, GA 30084

 

Tom Leedham Campaign Office

P. O. Box 15877

Washington, D. C.  20003

 

James P. Hoffa

2593 Hounds Chase

Troy, MI 48098

 

Kenneth E. Hilbish, President

Teamsters Local Union 528

2540 Lakewood Avenue, S. W.

Atlanta, GA 30315

 

Arthur Z. Schwartz, Esq.

Kennedy, Schwartz & Cure

113 University Place

New York, NY 10003

 

Bradley T. Raymond, Esq.

Finkel, Whitefield, Selik, Raymond, Ferrara, & Feldman

32300 Northwestern Highway

Suite 200

Farmington Hills, MI 48334

 

 

 

 

 


Jimmy Richards

September 28, 1998

Page 1

 

 

Re:              Election Office Case No. PR-244-LU528-SEC

 

Gentlepersons:

 

 

 


Jimmy Richards

September 28, 1998

Page 1

 

A pre-election protest was filed by Jimmy Richards, a member of Local Union 528, 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 528 and Julia Holt, business agent of Local Union 528.  Mr. Richards alleges that a vehicle leased by Local Union 528 which is  used by Business Agent Julia Holt displays campaign materials, specifically Hoffa bumper  stickers.  

 

The protest was investigated by Adjunct Regional Coordinator Maureen Geraghty.

 

There is no factual dispute. Ms. Holt admits affixing Hoffa bumper stickers on the union–leased automobile assigned to her, however, Local Union 528 and Ms. Holt deny any Rules violation. 

 

The Local Union states that it provides automobiles to employees and officers and that their by-laws allow for personal use of the automobiles.  They provided a copy if the by-laws to the investigator.  The by-laws state, in pertinent part:

 

In such instances where the Local Union either provides an automobile or provides an allowance for the use of an automobile it is recognized that such officers or employees are required to be on instant call at all times, may be required to garage such car, and are responsible for its safekeeping.  Accordingly, for the convenience of the Union as partial compensation for such additional responsibilities, such officers shall be permitted private use of such car on around-the-clock, continuous basis, including private use when the car is not required on Union business.

 

The Rules at Article VIII, Section 11(c) provide:

 

Union officers and employees provided with Union-owned or leased cars, if otherwise afforded the right to utilize those cars for personal activities, may use the cars for campaign activities, provided no costs, or expenses incurred as a consequence, of such use are paid out of Union funds or other prohibited sources. 

 

It is no violation for the officers and employees of Local Union 528 including Ms. Holt, who are permitted private use of the automobiles, to display campaign stickers on the union leased automobiles.  See Van Der Woude, P-1041-LU194-PNJ (October 28, 1996); Lester, P-1277-LU294-PGH (November 26, 1996).

 

Based on the foregoing, the protest is DENIED.

 

 

 


Jimmy Richards

September 28, 1998

Page 1

 

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, 444 N. Captiol 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

 

 

 

 

cc:              Kenneth Conboy, Election Appeals Master

Maureen Geraghty, Adjunct Regional Coordinator