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Office of the Election Supervisor for the International Brotherhood of Teamsters

              July 19, 1996





Jerry Halberg, et al.

July 19, 1996

Page 1



Jerry Halberg

P.O. Box 78213

Seattle, WA 98178


Anthony DAndrea

4742 Cherimoya

Green, OH 44319


Rich Vacha

581 W. Glendale

Bedford, OH 44146

Charles DeCola

1261 Brynmawr

Roselle, IL 60172


Ron Carey, General President

International Brotherhood of Teamsters

25 Louisiana Avenue

Washington, DC 20001


John Sullivan, Associate General Counsel

International Brotherhood of Teamsters

25 Louisiana Avenue

Washington, DC 20001

Jerry Halberg, et al.

July 19, 1996

Page 1



Re:  Election Office Case No.              CONV-20-IBT






Anthony DAndrea and Richard Vacha, members of Local Union 507, filed a protest in CONV-20-IBT pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (Rules) against the IBT and General President Ron Carey alleging that after Mr. Carey excluded all of the guests from the Convention, the IBT issued a press pass to Robert Hasegawa, secretary-treasurer of Local Union 174.  Since Mr. Hasegawa had been an excluded guest, the protesters allege that providing him with a press pass was an injustice to the other excluded guests.  In

CONV-24-IBT, Jerry Halberg, a member of Local Union 174, also alleges that issuing the press pass to Mr. Hasegawa was discriminatory.  In addition, Mr. Halberg contends that although the press pass issued to Mr. Hasegawa identifies him as the editor of the Local

Jerry Halberg, et al.

July 19, 1996

Page 1



Union 174 newsletter, at least one other newsletter employee was denied access to the Convention.  In CONV-30-IBT, Charles DeCola, a member of Local Union 710, similarly contends that after guests had been excluded from the Convention, Robert McGinnis, a retiree from Local Union 710, obtained press credentials from the IBT using false identification.


The IBT responds that its Communications Departments decision to issue press passes to certain guests is not within the Election Officers jurisdiction.  Moreover, the IBT contends that the credentials were issued in a nondiscriminatory manner, were limited only to avoid an unduly excessive number, and were designed to ensure that all local unions had an equal opportunity to have reports of the Convention published in their local union newsletter.


Because these protests all involve the issuance of press credentials, they were consolidated for decision by the Election Officer.


These protests were investigated by Regional Coordinator Jonathan Wilderman and Election Office Staff Attorney Patrick R. Plummer. 


On June 4, 1996, the Election Officer issued News Media Access Rules for the 1996 IBT International Convention (Media Access Rules).  The Court approved these Media Access Rules on July 1, 1996.  The Media Access Rules state, in relevant part:


Representatives of the news media are required to request and receive credentials from the IBT Communications Department to gain entry to any session of the 25th IBT International Union Convention.  Upon failure of the IBT to issue such credentials, application may be made to the Election Officer who shall, in the appropriate circumstances and on a non-discriminatory basis, order such credentials to be issued.


1.  Allegations Concerning Mr. Hasegawa


The IBT had a policy of issuing one press credential per local union.  Mr. Hasegawa went to the Communications Department and asserted that he wanted to report on the Convention in the Local Union 174 newsletter.  Since no other member from Local Union 174 had been credentialed, the IBT issued a press credential to Mr. Hasegawa.  No other member of Local Union 174 applied for a press credential.


Therefore, there is no evidence of discrimination in the issuance of the press pass to Mr. Hasegawa.  Accordingly, CONV-20-IBT and CONV-24-IBT are DENIED.


2.  Allegations Concerning Mr. McGinnis


In accordance with the Media Access Rules, the IBT provides press credentials.  Any party denied such credentials may then make application to the Election Officer.  In

Jerry Halberg, et al.

July 19, 1996

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CONV-30-IBT, the protester argues that Mr. McGinnis was presented with such credentials using false information.


The investigation reveals that when Mr. McGinnis applied for a press credential, he presented a business card and later presented a computer-generated newsletter directed to retirees.  The IBT was operating under a low level of scrutiny for issuing press credentials.  The IBT Communications Department reviewed the materials provided by Mr. McGinnis and determined that he provided sufficient evidence under the policy at that time to obtain a press credential.  The Communications Department also presented evidence that through the time it ceased issuance of press credentials at 3:00 p.m. on Thursday, July 18, 1996, anyone (aside from local union publications) who presented a newsletter and information concerning their association with the publication, received a press credential.


Based upon the evidence presented, the Election Officer finds that there is no evidence that the IBT has issued a press credential to Mr. McGinnis in a discriminatory manner or in violation of the Media Access Rules.


Accordingly, the protests are 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, N.W., Suite 855, Washington, DC 20001, Facsimile (202) 624-3525.  A copy of the protest must accompany the request for a hearing.






Barbara Zack Quindel

Election Officer


cc:              Kenneth Conboy, Election Appeals Master

Jonathan Wilderman, Regional Coordinator