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Office of the Election Supervisor for the International Brotherhood of Teamsters

 

 

 

 

 

 

 

 

 

 

 

 

              January 24, 1996

 

 

 

VIA UPS OVERNIGHT

 


Larry F. Landwehr

January 24, 1996

Page 1

 

 

Larry F. Landwehr

610 Trig

Wichita, KS 67207

 

Ron Carey, General President

International Brotherhood of Teamsters

25 Louisiana Avenue, N.W.

Washington, DC 20001

 

General Executive Board

International Brotherhood of Teamsters

25 Louisiana Avenue, N.W.

Washington, DC 20001


Charles J. Mosqueda

2603 N. 72nd Street

Garden City, KS 67846

 

Executive Board

Teamsters Local Union 795

4921 Cessna Street

Wichita, KS 67210


Larry F. Landwehr

January 24, 1996

Page 1

 

 

Re:  Election Office Case No. P-305-LU795-MOI

 

Gentlemen:

 

A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Election ("Rules") by Larry F. Landwehr, a member of Local Union 795, against General President Ron Carey, the IBT General Executive Board (GEB), Local Union 795 President Charles J. Mosqueda, and the local union executive board.   The protester asserts that the charged parties denied his right to run for delegate by declaring he was not a member in good standing prior to the nomination meeting, in violation of the local union constitution, the IBT constitution, and the Rules.  Mr. Landwehr claims that the charged parties were retaliating against him because of my political opposition to

Ron Carey, TDU and their agenda.

 


Larry F. Landwehr

January 24, 1996

Page 1

 

 

Local Union 795 responds that the protester could have been nominated for delegate but chose not to run.   They also contend that the protester's lack of good standing was based on his actions as the former president of the local union and not on election-related rights protected by the Rules.

 

The protest was investigated by Regional Coordinator Michael D. Gordon. 

 

The protester is the former president of Local Union 795.  He was defeated in his bid for reelection by Mr. Mosqueda in October of 1995.  Mr. Mosqueda and the current local union executive board assumed office on January 1, 1996.

 

By letter dated January 3, 1996, newly-elected Secretary-Treasurer Charles R. Barshney informed Mr. Landwehr that there have been several irregularities during your tenure as president of Teamsters Union Local 795 for which were are seeking reimburse-ment.  According to the letter, Mr. Landwehr permitted the union hall to be utilized by several church groups, and made use of the office staff's time as well as the unions copying machines for these groups, all without seeking approval from the membership.  Mr. Barshney further alleged that the protester paid a local union business agent for 11½ sick days during 1995 when the contract provided for five days annually.  Mr. Barshney demanded that

Mr. Landwehr reimburse Local Union 795 in the amount of $2,668.60 for these unauthorized expenditures.  The letter concluded:  Until these monies are paid you will not be considered a member in good standing by Teamsters Local 795, by order of the Executive Board.

 

Mr. Landwehr states that he received this letter on January 10, 1996.  The following day, Mr. Landwehr filed his protest with the Election Office.  Alleging that General President Carey was involved in a variety of ways with the recent election in Local Union 795,[1] the protester asserted that Mr. Carey and the GEB closely influenced and controlled the actions of Chuck Mosqueda and the new Local 795 Executive Board.[2] 

 


Larry F. Landwehr

January 24, 1996

Page 1

 

 

The nomination meeting for Local Union 795 was scheduled for Saturday, January 13, 1996.  On January 12, Mr. Landwehr contacted the Regional Coordinator and informed him of his protest.  Mr. Landwehr expressed his intention to run for delegate and stated that he feared he would not be permitted to attend the nomination meeting or, if he did, to be nominated for delegate.   The Regional Coordinator stated that he would speak with the local union to ensure Mr. Landwehrs right to be nominated.  He also advised the protester to fax, as a back-up measure,  a written nomination, second and acceptance to the Regional Coordinator and the local union by 5:00 p.m. that day, in accordance with the Rules.  Mr. Landwehr did not fax the suggested documents to either the local union or the Regional Coordinator.

 

Prior to the meeting, the Regional Coordinator contacted Mr. Mosqueda who assured him that there would be no interference with Mr. Landwehr attending the meeting and being nominated for delegate.  According to the Regional Coordinator, [t]here was no indication during our discussion that Mosqueda ever intended otherwise.  The Regional Coordinator advised Mr. Landwehr and Mr. Mosqueda that he would conduct the nomination meeting as if the January 3 letter to Mr. Landwehr and his subsequent protest had never happened.

 

Mr. Landwehr attended the nomination meeting on January 13.  Before opening nominations, the Regional Coordinator informed the members present that any challenges to a nominees eligibility would not be decided at the meeting.  He further stated, If someone on a slate is found to be ineligible, remaining slate members are unaffected.

 

The protester was not nominated for delegate during the nomination meeting and did not attempt to make any statements.  There was no mention either before or during the meeting of Secretary-Treasurer Barshneys January 3 letter to Mr. Landwehr.  Two members who served as officers with Mr. Landwehr were nominated for delegate and, along with two candidates for alternate delegate, formed a slate opposed to the full slate headed by

Mr. Mosqueda.

 

In subsequent discussions with the Regional Coordinator, the protester stated that he was reluctant to run for delegate on a slate because should he be declared ineligible, that would create a partial slate which could not compete against a full slate. 

 

Following the receipt of the January 3 letter stating that he was not a member in good standing, Mr. Landwehr may have assumed that he could not be nominated for a delegate or alternate delegate position.  Prior to the nominations meeting, however, the Regional Coordinator informed Mr. Landwehr that he intended to run the meeting as if the January 3 letter had never been written.  Mr. Mosqueda stated he had no intention of interfering with Mr. Landwehrs right to attend the meeting or to be nominated.  Moreover, Mr. Landwehr had no problem entering the meeting, nor was anything said prior to the start of nominations regarding his eligibility to run for delegate.  On the contrary, the Regional Coordinator announced to the members present that eligibility challenges would not be decided at the nominations meeting and that a subsequent finding of ineligibility would not affect the candidate's slate.[3]


Larry F. Landwehr

January 24, 1996

Page 1

 

 

In spite of several assurances from the Regional Coordinator, Mr. Landwehr decided not to run for delegate.  The Election Officer finds that he made this decision independently without interference from the charged parties.  Being nominated does not insulate

Mr. Landwehr from a protest of his eligibility as a candidate.  However, Mr. Landwehr made the decision not to defend his eligibility against a possible protest, the outcome of which would be decided by the Election Officer, not the local union.  Thus, Mr. Landwehrs right to run for delegate was not denied by the local unions actions.

 

Mr. Landwehr has also charged Mr. Carey and the GEB with closely influencing the local union charged parties.  Since the Election Officer has not found that Mr. Mosqueda or the local union executive board violated the Rules, and no evidence has been presented demonstrating any independent violations by Mr. Carey or the GEB, the Election Officer finds these allegations to be without merit.

 

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.

 

Sincerely,

 

 

 

Barbara Zack Quindel

Election Officer

 

 

cc:              Kenneth Conboy, Election Appeals Master

Michael D. Gordon, Regional Coordinator

 


[1]One action particularly objected to by the protester was Mr. Carey's appointment of a personal representative on November 3, 1995 to assist Local Union 795 in the transition to new officers.  Following the election on October 19, 1995, the defeated executive board of the local union voted to overturn the election.  By letter dated November 3,  Mr. Carey directed

Mr. Landwehr to revoke this action and advised him to utilize the proper internal procedures for challenging the election.  Mr. Landwehr's subsequent election protest was denied by Mr. Carey on December 6.   Mr. Landwehr has appealed this decision to the GEB and is awaiting its ruling.

 

[2]Mr. Landwehr filed an earlier protest with the Election Office, P-201-LU795-MOI (November 15, 1995), in which he alleged violations of the Rules by Mr. Mosqueda and

Mr. Carey in the campaign for local union president.  The Election Officer denied the protest.

[3]This, of course, does not mean that a member at the nomination meeting could not have protested Mr. Landwehr’s eligibility as a candidate, nominator or person seconding nominations.  See Rules, Article XIV, Section 2(b)(1).