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Office of the Election Supervisor for the International Brotherhood of Teamsters

              July 19, 1996




Ormar Locklear

3801 Branson Drive

San Mateo, CA 94403


John Sullivan, Associate General Counsel

International Brotherhood of Teamsters

25 Louisiana Avenue

Washington, DC 20001


Re:  Election Office Case No. CONV-35-IBT




Ormar Locklear, a member of Local Union 78 and a guest at the Convention, filed a protest pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (Rules).  Mr. Locklear alleges that an unnamed sergeant-at-arms ejected him unfairly from the floor of the Convention on July 18, 1996.


The IBT responds that the manner in which the sergeants-at-arms maintain order on the Convention floor is a legitimate union function that is not within the jurisdiction of the Election Officer.  Further, the IBT states that the protester has failed to meet his initial evidentiary burden by failing to identify the sergeant-at-arms who ejected him.


These protests were investigated by New York City Protest Coordinator Barbara C. Deinhardt.


The Election Officer stated in Szymanski, CONV-9-IBT, et seq. (July 16, 1996):


Ormar Locklear

July 19, 1996

Page 1



Under the Consent Decree, the Election Officer has exclusive jurisdiction over the IBTs rank-and-file elections to select delegates and alternate delegates to the Teamsters 25th International Convention and to select International officers from among candidates nominated at that Convention.  In exercising her jurisdiction, the Election Officer has sole authority over the processes for nominating International candidates from the Convention floor and for voting on those nominations.  The Election Officer exercises this authority by conducting the floor nominations, as well as the secret ballot nominations vote at the Convention.  She does not, however, preside over any other business at the Convention.


Accordingly, the Election Officers jurisdiction extends to the supervision of the nomination of  International officers at the IBT Convention.  Her mandate does not apply to the manner in which sergeants-at-arms maintain order on the floor of the convention so long as the actions of the sergeants-at-arms are not motivated by a desire to retaliate for political affiliation.


In the present protest, the protester does not allege that he was ejected from the floor because of his political affiliation or that the actions of the unnamed sergeant-at-arms interfered with his right to participate in the election process.  As a result, the alleged incident does not fall within the jurisdiction of the Election Officer.


The protest, therefore, 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, 400 N. Capitol Street, 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

Ormar Locklear

July 19, 1996

Page 1



Barbara C. Deinhardt, New York City Protest Coordinator