July 18, 1996
VIA FACSIMILE
J.D. Potter
Travelodge
Mt. Laurel, NJ
Fax (609) 235-3909
VIA HAND DELIVERY
J.D. Potter
July 18, 1996
Page 1
John Sullivan, Associate General Counsel
International Brotherhood of Teamsters
Pennsylvania Convention Center
Room 110
Philadelphia, PA
Carey Campaign
Pennsylvania Convention Center
Rooms 113B and 113C
Philadelphia, PA
Aaron Belk, Vice President
International Brotherhood of Teamsters
Wyndham Franklin Hotel
Philadelphia, PA
Jim Hicks
Hoffa ‘96 Campaign
Pennsylvania Convention Center
Rooms 103B and 103C
Philadelphia, PA
J.D. Potter
July 18, 1996
Page 1
Re: Election Office Case No. CONV-28-IBT
Gentlemen:
J.D. Potter, a member of Local Union 19, filed this protest 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, the Carey campaign and International Vice President Aaron Belk. The protester alleges that Mr. Belk pulled Mr. Potter’s Convention badge off of him when he was in line behind a microphone on the Convention floor, and that the protester was ejected from the Convention floor by a sergeant-at-arms, all of which occurred because the protester supported the candidacy of James P. Hoffa.
J.D. Potter
July 18, 1996
Page 1
The IBT responds that at the same time Mr. Belk took the protester’s credentials from him, Mr. Belk also took the credentials from a delegate appointed as a whip by the IBT. The IBT states that Mr. Belk’s actions were taken to maintain order on the floor in response to disruptive conduct by the protester.
Regional Coordinator Jonathan Wilderman investigated the protest.
On Wednesday morning, July 17, 1996, the Election Officer took nominations from the Convention floor for International trustees and vice presidents-at-large. At approximately 11:00 a.m., after these nominations concluded, the protester stood in line before a microphone on the Convention floor. He was wearing a vest, hat and buttons, all of which indicated his support of the candidacy of Mr. Hoffa.
There was considerable commotion in the area where the protester was standing. The protester states that he believed that supporters of Mr. Carey were preparing to rush the microphone. Mr. Belk came to the area in response to a call telling him there had been disruptive conduct in the area. He pulled badges off of the protester and Mr. Ponce, the whip for the IBT, and asked that they be ejected. Mr. Belk advises that he made sure to eject
Mr. Ponce along with the protester so that the delegates would not view his conduct as discriminating against one campaign.
The credentials of the protester, along with Mr. Ponce, were returned in time for voting on the floor which took place later that afternoon. Before and after this incident, supporters of both candidates have been ejected from the Convention floor.
The Election Officer finds that Mr. Belk took the protester’s credentials and caused his ejection from the floor because of a good-faith belief that his action was needed to restore some calm to the area. In the tumultuous and volatile atmosphere which frequently occurs on the Convention floor, the Election Officer does not find that Mr. Belk’s ejection of the protester constituted retaliatory action based on the delegate’s electoral preference. Further, the Election Officer finds that Mr. Belk’s action did not interfere with the protester’s right to participate in the nomination and election of International candidates.
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:
J.D. Potter
July 18, 1996
Page 1
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.
Sincerely,
Barbara Zack Quindel
Election Officer
cc: Kenneth Conboy, Election Appeals Master
Jonathan Wilderman, Regional Coordinator