November 20, 1995
VIA UPS OVERNIGHT
Charles Hines
8515 W. 21st Street
Indianapolis, IN 46234
John Marshall, President
Teamsters Local Union 716
849 S. Meridian Street
Indianapolis, IN 46225
Re: Election Office Case No. P-221- LU716-SCE
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-96 IBT International Union Delegate and Officer Election (“Rules”) by Charles Hines, a candidate for delegate from Local Union 716. The protester alleges that Local
Union 716 President John Marshall discriminated against two of his opponents for delegate by refusing to give them a list of stewards that the local union invited to a dinner held on
August 19, 1995. The protester further alleges that the dinner was a campaign event in support of Mr. Marshall’s candidacy for delegate.
The Local Union 716 president responds that the dinner was held to recognize the stewards’ work, and did not involve any campaign activity. Mr. Marshall states that he did not give the list of stewards to his opponents because there is no requirement to do so.
The protest was investigated by Regional Coordinator Bruce Boyens.
The investigation disclosed that on August 19, 1995, Local Union 716 held a dinner to recognize its stewards. Local Union 716 President Marshall spoke to the dinner only to greet the stewards and introduce visiting members of the Indiana Conference Executive Board. The only speech given at the dinner was by the actuary for the local union pension plan, who spoke on benefit issues. There is no evidence that any campaign activity occurred at the dinner.
Charles Hines
November 20, 1995
Page 1
At a Local Union 716 meeting on October 27, 1995, two of Mr. Marshall’s opponents asked him for a copy of the list of stewards invited to the stewards’ dinner. Mr. Marshall agreed to provide the list. Later, however, later, after checking with the IBT’s Legal Department, Mr. Marshall determined there was no legal requirement to turn over the list and did not turn it over.
Article VIII, Section 2 of the Rules entitles each candidate for local union delegate to inspect the local union’s membership list 30 days prior to the casting of ballots. There is no requirement in the Rules, however, that candidates be provided with a list of local union stewards. Article VIII, Section 11(c) and Article XII, Section 1(b)(1) prohibit the use of union resources to assist in campaigning unless the union is reimbursed at fair-market value and equal access to such assistance is provided to all candidates. There is no evidence that
Mr. Marshall used the list of union stewards to support his campaign to become a delegate. Accordingly, the Rules do not require the local union president to provide other candidates with access to the list.
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.
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
Bruce Boyens, Regional Coordinator