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Office of the Election Supervisor for the International Brotherhood of Teamsters











              September 13, 1995




Gary L. Gregory

10815 Bakeway Drive

Indianapolis, IN  46231


John L. Neal, President

Teamsters Local Union 135

1233 Shelby Street

Indianapolis, IN  46203


RE:  Election Office Case No. P-108-LU135-EOH




A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Officer Election (Rules) by Gary L. Gregory, a member of Local Union 135, on July 7, 1995.  The protester alleges that John Neal, president of Local Union 135, used the publication financed by his Local Union, Teamsters Local 135, to promote his candidacy in violation of the Rules.


Danny L. Barton, secretary-treasurer of Local Union 135, responded that the material printed in Teamsters Local 135 conforms to the Rules and that the protest was untimely with respect to all editions of the publication except the July issue.


The protest was investigated by Election Office Staff Attorney Helene Boetticher. 


The protester does not refer specifically to a single issue of or article in the publication.  Rather, he generally alleges a number of Rules violations arising from prominent coverage of Mr. Neal and the failure of Mr. Neal and Mr. Barton, co-editors of Teamsters Local 135, to report on certain issues the protester feels should be addressed in the Local Union publication.[1]

Gary L. Gregory

September 13, 1995

Page 1



While the protester alleges violations presumably spanning several issues, his protest is untimely for all but the July 1995 issue.  As a result, the Election Officer will examine that issue alone in this decision.[2]


The Rules, at Article VIII, Section 8(a), provide the following prohibition, "No publication or communication financed, directly or indirectly, by a Union may be used to support or attack any candidate or the candidacy or any person . . ."  Section 8(a) also sets forth specific illustrations of improper support of a candidate in a union-financed publication. 


A union-financed publication does not violate the Rules unless the subject of the printed matter was a candidate at the time it is published.[3]  Ruscigno, P-067-LU20-EOH (July 19, 1995).  No evidence has been presented that Mr. Neal was a candidate for International officer or delegate to the 1996 International Convention at the time the protested publication was issued.  The material printed in the July 1995 issue, therefore, cannot be said to support his candidacy and does not violate the Rules


Based upon the foregoing, 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.

Mudge, Rose, Guthrie, Alexander & Ferdon

180 Maiden Lane, 36th Floor

New York, NY  10038 

Fax (212) 248-2655


Gary L. Gregory

September 13, 1995

Page 1



Copies of the request for hearing must be served on the parties listed above as well as upon the Election Officer, 400 North Capitol Street, Suite 855, Washington, D.C. 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

Bruce Boyens, Regional Coordinator



[1]Mr. Gregory objects to an absence of reporting on criminal allegations against Mr. Neal, the decline in the Local Union’s membership, the ratio of lost-to-won organizing campaigns, members’ grievances, the number of strikes lost, and the amount paid in strike benefits compared to the amount collected.

[2]The Election Officer has previously determined that material which appeared in the March 1994 issue of Teamsters Local 135 did not support or attack a candidate for delegate or International office.  Gregory, Case No. P-080-LU135-EOH (July 25, 1995).

[3]Under the Rules, “candidate” is defined as:


[A]ny member who is actively seeking nomination or election for any Convention delegate position or International Officer position.  The term includes any member who has accepted any campaign contribution as defined by the Rules or made any expenditure, where the purpose, object or foreseeable effect of the contribution or expenditure is to influence the election of that member to any such position.