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Office of the Election Supervisor for the International Brotherhood of Teamsters













              January 30, 1996






William Pike

8523 Cole Street

Downey, CA 90242


Ed Mireles, Secretary-Treasurer

Teamsters Local Union 952

140 S. Marks Way

Orange, CA 92668


Re:  Election Office Case No. P-298-LU952-CLA




A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election ("Rules") by

William Pike, a member of Local Union 952, against the local union.  The protester alleges that the charged party violated the Rules by:  (1) ceasing to send him publications from the local union and the International union; (2) placing him on "involuntary" withdrawal status following his suspension from employment in retaliation for his intent to run for local union office; and (3) refusing to provide him with copies of the IBT Constitution, Local Union 952 bylaws, collective bargaining agreements affecting him, and rules and regulations of his former employer, Lucky Stores Inc.


The protest was investigated by Associate Regional Coordinator Glenn Rothner.


William Pike

January 30, 1996

Page 1



Article VIII, Section 11(f) of the Rules prohibits retaliation by a local union against a member "for exercising any right guaranteed by this or any other Article of the Rules."  An alleged violation of this section cannot be sustained, however, unless there is evidence which expressly or inferentially connects the conduct which is alleged to be improper to an activity protected by the Rules.   Giacumbo, P-100-IBT-PNJ (October 13, 1995), aff'd, 95 - Elec. App. - 27 (KC) (October 25, 1995); See Teamsters Local Union 745, P-247-IBT-SCE (January 22, 1996). 


Local Union 952 held its nominations meeting for Convention delegates and alternate delegates on August 29, 1995.  There is no evidence that Mr. Pike announced an intention to run for one of these positions and he was not nominated at the meeting


In this protest, Mr. Pike makes allegations concerning his failure to be provided with certain publications and documents--improper conduct by the local union relating to his suspension from employment and the election of local union officers.  The Election Officer does not have jurisdiction over such matters unless there is some nexus to those rights protected under the RulesSee Dunning, P-206-LU486-MGN (November 9, 1995).  The protester has not established any nexus between his claims against the local union and the election of delegates and International officers.


Accordingly, 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.






Barbara Zack Quindel

Election Officer



cc:              Kenneth Conboy, Election Appeals Master              

Glenn Rothner, Associate Regional Coordinator