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Office of the Election Supervisor for the International Brotherhood of Teamsters

              July 16, 1996





Phil Rushing

Doubletree Hotel

Philadelphia, PA




Pat Miraglio, Secretary-Treasurer

Teamsters Local Union 439

1531 E. Fremont Street

Stockton, CA 95205

Fax (209) 948-3424


Re:  Election Office Case No. CONV-13-LU439-CSF




Phil Rushing, a delegate from Local Union 439, 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 439 Secretary-Treasurer Pat Miraglio.  The protester alleged that Local Union 439 has failed to pay the hotel expenses for its delegates.


Regional Coordinator Judith Kuhn investigated the protest.


Mr. Miraglio responds that the local union attempted to pay for the hotel of its delegate with a credit card for an account that had exceeded its allowed credit.  However, Mr. Miraglio states that the local union will be using another credit card with remaining credit sufficient to cover the hotel expenses of the local union delegates.


Phil Rushing

July 16, 1996

Page 1



Article IV, Section 3 of the Rules requires the local union to pay the expense of all delegates to which it is entitled.  The local union has resolved the problem with the hotel which will now accept the payment by credit card or a check sent by overnight mail to the hotel.  Under the present circumstances, the Election Officer concludes that further processing of this protest is unwarranted.  The protesters complaint, as stated in the protest, has been addressed, and relief has been provided.


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, Pennsylvania Convention Center, Room 204, Facsimile (202) 418-2426.  A copy of the protest must accompany the request for a hearing.






Barbara Zack Quindel

Election Officer


cc:              Kenneth Conboy, Election Appeals Master

Judith Kuhn, Regional Coordinator