Protest Decisions

December 14, 1995

VIA UPS OVERNIGHT

Jerry Halberg

December 14, 1995

Page 2

Jerry Halberg

December 14, 1995

Page 2

Re:  Election Office Case No. P-155-LU174-PNW

Gentlemen:

A pre-election protest was filed pursuant to the Rules for the 1995-1996 International Union Delegate and Officer Election (“Rules”) by Jerry Halberg, a member of Local

Union 174, who alleges that the Teamsters for a Democratic Union (“TDU”), is an employer that has unlawfully contributed to the campaign for re-election of General President Ron Carey by its “support and coordination of the national petition drive to obtain accreditation” for his candidacy for general president.

This protest was investigated by Regional Coordinator Christine M. Mrak. 

Under Article XII, Section 1(b)(1) of the Rules, employers are prohibited from making campaign contributions to candidates and their campaigns.  Mr. Halberg, in the instant protest, points to evidence that establishes TDU as an employer, namely, TDU’s expenditures for “salaries and payroll taxes.”  Notwithstanding this evidence of TDU’s employer status, if TDU fulfills the following two requirements, TDU will not be deemed an “employer” under the Rules:  1) the entity/organization is a caucus or group of union members; and 2) such caucus or group is itself financed exclusively from contributions permitted under the Rules.  See Definitions at pp. xi - xii.  

Jerry Halberg

December 14, 1995

Page 2

In Sargent, Case No. P-249-LU283-MGN (May 21, 1991), aff’d sub nom. In re: Gully, 91 - Elec. App.- 158 (SA) (June 12, 1991), the Election Officer found   that TDU is a “membership organization which was founded in 1976 as a caucus within the IBT.  Membership in TDU is open to all Teamsters and Teamster spouses as well as retired Teamster members and their spouses; however, the organization reserves the right to exclude those who are opposed to TDU or its principles.”  That finding was reaffirmed in Halberg,

P-019-LU174-PNW, et seq.(Decision on Remand) (December 14, 1995).  In addition, an examination of TDU’s practices regarding contributions in Halberg did not disclose any violation of the Rules.

Accordingly, this 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 and 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 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.

Sincerely,

Barbara Zack Quindel

Election Officer

cc:               Kenneth Conboy, Election Appeals Master

Christine M. Mrak, Regional Coordinator