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Office of the Election Supervisor for the International Brotherhood of Teamsters

 

 

 

 

 

 

 

 

 

 

 

 

 

 

October 26, 1995

 

VIA UPS OVERNIGHT

 


Ron Carey, et al.

October 26, 1995

Page 1

 

 

 


Ron Carey, et al.

October 26, 1995

Page 1

 

 

Ron Carey, General President

International Brotherhood of Teamsters

25 Louisiana Avenue, N.W.

Washington, DC  20001

 

Judith A. Scott, General Counsel

International Brotherhood of Teamsters

25 Louisiana Avenue, N.W.

Washington, DC 20001

 

Real Teamster Caucus

P.O. Box 34285

Chicago, IL 60604

 

Chuck Mack, President

Teamsters Joint Council 7

150 Executive Park Boulevard

Suite 2900

San Francisco, CA  94134

 

Robert G. DeRusha, Secretary-Treasurer

Teamsters Joint Council 10

650 Beacon Street, Room 501

Boston, MA 02215

 

Anthony Rumore, President

Teamsters Joint Council 16

265 W. 14th Street, Room 1201

New York, NY 10011

Dan F. Darrow, President

Teamsters Joint Council 41

3150 Chester Avenue

Cleveland, OH  44114

 

Michael J. Riley, President

Teamsters Joint Council 42

1616 W. Ninth Street, Room 500

Los Angeles, CA  90015

 

T. C. Stone, Secretary-Treasurer

Teamsters Joint Council 80

1007 Jonelle Street

Dallas, TX  75217

 

William T. Hogan, Jr., President

Teamsters Joint Council 25

1645 W. Jackson, 6th Floor

Chicago, IL  60612

 

Lawrence Brennan, President

Teamsters Joint Council 43

2801 Trumbull Avenue

Detroit, MI  48216

 

Frank H. Wood, Secretary-Treasurer

Teamsters Local Union 28

5318 Wade Hampton Boulevard

Taylors, SC  29687

 

Stephen J. Mack, Secretary-Treasurer

Teamsters Local Union 78

492 C Street

Hayward, CA  94541

 

Daniel J. Kane, President

Teamsters Local Union 111

50 Broad Street

New York, NY  10004

 

John F. Murphy, Secretary-Treasurer

Teamsters Local Union 122

650 Beacon Street

Boston, MA  02215

 

Joseph F. Bennetta, Secretary-Treasurer

Teamsters Local Union 191

1139 Fairfield Avenue

Bridgeport, CT  06605

 

R. V. Durham, President

Teamsters Local Union 391

3100 Sandy Ridge Road

Colfax, NC  27235

 

Joseph W. Morgan, Jr., President

Teamsters Local Union 444

211 Pontotoc

Auburndale, FL  33823

 

Joseph J. Sullivan, President

Teamsters Local Union 470

3565 Sepviva Street

Philadelphia, PA  19134

 

Bobby Logan, President

Teamsters Local Union 515

4431 Bonny Oaks Drive

Chattanooga, TN  37416

 

Jerry Younger, Secretary-Treasurer

Teamsters Local Union 554

4349 S. 90th Street

Omaha, NE  68127

 

Jerome L. Vercruse, Secretary-Treasurer

Teamsters Local Union 630

750 S. Stanford Avenue

Los Angeles, CA  90021

 

Joel LeFevre, Secretary-Treasurer

Teamsters Local Union 840

345 W. 44th Street

New York, NY  10036

 

Jim Santangelo, Secretary-Treasurer

Teamsters Local Union 848

9960 Baldwin Place

El Monte, CA  91731

 

W. C. (Willie) Smith, President

Teamsters Local Union 891

2560 Valley Street

Jackson, MS  39204

 

Jack Powers, Secretary-Treasurer

Teamsters Local Union 1150

150 Garfield Avenue

Stratford, CT  06497

 

James P. Hoffa

2593 Hounds Chase

Troy, MI  48098

 

Robert M. Baptiste

Baptiste and Wilder

1150 Connecticut Ave., NW, Suite 1000

Washington, DC 20036

 

Hugh J. Beins             

Beins, Axelrod, Osborne & Mooney

The Colorado Building

1341 G Street, NW, Suite 700

Washington, DC  20005

 

Sherman Carmell

Carmell, Sharone & Widmer

225 W. Washington Street, Suite 1000

Chicago, IL  60606

 

 

 

Sorrell Logothetis

Logothetis, Pence and Doll

111 W. First Street, Suite 1100

Dayton, OH  45402

 

Stephen R. Domesick

132 Boyleston Street

Boston, MA  02116

 

George A. Pappy

Pappy and Davis

3424 Wilshire Boulevard, Suite 1100

Los Angeles, CA  90010

 

 

 

 


Ron Carey, et al.

October 26, 1995

Page 1

 

 

Re:  Election Office Case Nos. P-032-LU245-PNJ, et seq.

 

Gentlepersons:             

 

Related pre-election protests have been filed pursuant to Article XIV, Sections 2(a) and (b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election ("Rules") concerning the formation and financing of the Real Teamsters Caucus (RTC) by certain members of the International Brotherhood of Teamsters (IBT).  Several protests allege that the RTC engages in campaign-related activities and that its use of members dues money therefore violates the Rules.[1]  Other protests allege that IBT warnings to members about the RTC's possible illegal conduct is itself a form of retaliation against RTC members for exercising free-speech rights.[2]

 


Ron Carey, et al.

October 26, 1995

Page 1

 

 

By letter dated October 11, 1995, the IBT requested that the Election Officer stay any decision in these related cases pending the completion of discovery[3] in two civil actions currently before Judge Edelstein, Central Conferences v. IBT, 94 Civ. 2247 (S.D.N.Y.) and Darrow. The IBT argues that these cases are fact-intensive and raise matters which relate, in whole or in part, to the activities of the RTC.

 

On October 17, 1995, the Election Officer notified all parties to the above cases and solicited their position on the IBTs request.  Through counsel, the RTC, Joint Council 42, Local 391, R. V. Durham, T. C. Stone, James P. Hoffa, Dan Darrow, John Murphy and Chuck Mack all submitted statements opposing the requested stay.  Mr. Gilmartin states that he does not oppose the stay.  Counsel for Messrs. Jacob, Ruscigno and Sullivan support some delay to take advantage of the civil action discovery.  Counsel for the IBT submitted an additional statement in support of their request.

 

After careful consideration, the Election Officer will deny the request for a stay.  The Rules envision a simplified procedure by which protests are rapidly submitted, investigated and adjudicated.  To facilitate the speedy resolution of disputes, the time limits set by the Rules are extremely short:  protesters have two days in which to file protests and one day in which to file appeals of Election Officer decisions.  The Election Officer has seven days (21 days in reach-back cases) in which to decide cases and the Election Appeals Master has four days (seven days in reach-back cases) in which to hold a hearing and another three days (seven days in reach-back cases) in which to issue a decision.  While the Election Officer initially was constrained in rendering timely decisions due to the extensive backlog of often complex and multifaceted reach-back protests, this period is drawing to a close.  The Election Officer has an obligation to render prompt decisions and a grant of a stay as requested by the IBT conflicts with her obligation.

 

With a decision on many of these instant protests already overdue, the Election Officer cannot commit to a schedule whereby no decision could be rendered for months.  The close of discovery in the civil cases is not yet scheduled.  Further, experience teaches that parties frequently do not complete discovery on time and may require extensions of time.  Granting the IBT request would mean, in effect, linking the timing of these protests to the progress of a civil action before a different tribunal.  Finally, while the facts somewhat overlap, the legal issues before the Election Officer are different than those before the Court in Central Conferences, and narrower than those in Darrow.

 


Ron Carey, et al.

October 26, 1995

Page 1

 

 

Certainly some of the discovery in the civil actions appears relevant to the Election Officers investigation of the instant protests, and receipt of such materials from the parties as it is produced would be of great assistance.  In the event the Election Officer decides that she needs a particular piece or type of evidence that has been produced through discovery, she may elect to obtain it from the parties to the litigation.  However, the Election Officer may also decide to use her own authority to obtain evidence as part of her investigative procedure.[4] 

 

For the foregoing reasons, the request for a stay is DENIED.  The Election Officer will continue to investigate this matter and will issue a decision as expeditiously as possible.  In the meantime, any party to these protests who has relevant evidence should submit it to the Election Officer forthwith, whether it comes from the pending civil actions or from other sources.

 

Sincerely,

 

 

 

Barbara Zack Quindel

Election Officer

 

 

cc:              Kenneth Conboy, Election Appeals Master


[1]     P-032, filed May 23, 1995 by Tom Gilmartin, Jr.; P-074, filed May 24, 1995 by James Jacob, Michael Ruscigno and Darryl Sullivan; P-123, filed May 24, 1995 by the IBT.  By letter dated October 17, 1995, the Election Officer approved the IBT’s request to withdraw its protest in

P-123.

[2]     P-058, filed May 24, 1995 by Chuck Mack; P-094, filed June 20, 1995 by James P. Hoffa;

P-185, filed October 4, 1995 by John Murphy.  Mr. Murphy had also requested interim relief from the Election Officer to prevent the IBT from enforcing its recent order against the RTC until his protest had been finally adjudicated.  After the IBT granted a request for a stay on portions of its order, the request for interim relief was withdrawn, and the withdrawal was approved by the Election Officer on October 25, 1995.

 

      In addition, RTC officers and members filed suit against the IBT in the United States District Court for the District of Columbia, alleging that the IBT warnings about joining the RTC constitute retaliation for exercising in protected free speech, in violation of the Labor-Management Relations Disclosure Act.  Darrow v. IBT, No. 94 Civ. 02113 (D.D.C.) (complaint filed September 30, 1995).  On motion of the United States Attorney, the Honorable Judge David N. Edelstein enjoined the Darrow plaintiffs from maintaining the D.C. action, stating that the dispute must be adjudicated as part of the continuing RICO case before him.  United States v. IBT, 88 Civ. 4486 (S.D.N.Y. August 18, 1995).  That matter is still pending before Judge Edelstein.

[3]     Although the IBT refers to seeking “deferral” of a decision pending the completion of discovery, it would seem that the IBT is not asking the election Officer to defer to the adjudication of another tribunal, but simply to postpone any decision until it can take advantage of the discovery product of a different case.

[4]     See United States v. IBT, 931 F.2d 177, 187 (2d Cir. 1991) (“The Election Officer . . . has substantial discretion to impose election rules and procedures that ensure that the upcoming elections are free, fair and informed”).