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Office of the Election Supervisor for the International Brotherhood of Teamsters

              July 17, 1996





Jerry Halberg

Mt. Laurel Ramada

Mt. Laurel, NJ

Fax (609) 273-8562




Cindy Zehnder

Philadelphia Marriott

Philadelphia, PA


Re:  Election Office Case No. CONV-21




Jerry Halberg, a member of Local Union 174 and delegate, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (Rules) alleging that Cindy Zehnder, a member of Local Union 741, is improperly holding both elected and appointed delegate credentials at the Teamsters 25th International Convention.  Mr. Halberg suggests that as an appointed delegate, Ms. Zehnder should relinquish her elected delegate credentials in favor of an alternate delegate from her local union.


This protest was investigated by Regional Coordinator Judith E. Kuhn.


The Election Officer has exclusive authority over the election and credentialing of elected delegates.  Ms. Zehnder is a duly elected and credentialed delegate from Local

Union 741 entitled to the full enjoyment of elected status.  Only elected delegates may nominate and vote on the nomination of candidates for International office.


Jerry Halberg

July 17, 1996

Page 1



The Election Officer plays no part in the designation of appointed Convention delegates by the IBT general president under Article III, Section 5(c) of the IBT Constitution or by other IBT subordinate bodies.  Under Article IIA of the Supplementary Election Officer Rules for the 1996 IBT Convention Floor Nomination and Nomination Voting, appointed delegates may not be present on the Convention floor while nomination activity is taking place. 


Where a delegate such as Ms. Zehnder has the status of an appointed delegate, as well as being an elected delegate, the Election Officer recognizes the elected status and allows the delegate to participate in the nomination process.  Some elected delegates have chosen to relinquish their elected delegate status, in which case the alternate delegate is elevated to delegate status.  Ms. Zehnder has not chosen to relinquish her delegate credentials issued by the Election Officer.  Therefore, she is entitled to enjoy the rights that pertain to that status as protected by the Rules.


Accordingly, the 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, 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 E. Kuhn, Regional Coordinator