Protest Decisions

February 21, 1996

VIA UPS OVERNIGHT

Byron Wise

5070 Park Avenue

Forest Park, GA 30050

Leroy Ellis, Vice President

International Brotherhood of Teamsters

17065 Dixie Highway, #36

Hazelcrest, IL 60429

Re:  Election Office Case No. P-317-LU728-CHI

Gentlemen:

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 Byron Wise, a member of Local Union 728, against IBT Vice President Leroy Ellis.  The protester alleges that Mr. Ellis utilized union funds to attend a campaign event for IBT Vice President and candidate for general president Sam Theodus held in Atlanta, Georgia on January 13, 1996, in violation of the Rules.  The protester claims, Mr. Ellis traveled to Atlanta to participate in a meeting of the Teamsters Human Rights Commission ("Commission"), but attended very few of the Commission's scheduled events.  

The charged party responds that he participated in the majority of the Commission's events on January 13, 14 and 15, 1996.  He does not deny attending a campaign event featuring Mr. Theodus and other candidates on January 13, 1996, but states that this "was incidental to my attendance at the human rights meetings."  Mr. Ellis contends that his "primary purpose in going to Atlanta, and the primary activity in which I was engaged while in Atlanta, was attendance at certain human rights functions." 

The protest was investigated by Regional Coordinator Julie E. Hamos.

Byron Wise

February 21, 1996

Page 1

Article VIII, Section 11(b) of the Rules prohibits union officers from campaigning "on time that is paid for by the Union."  The provision further states that campaigning "incidental to regular Union business is not, however, violative of this section."  

Mr. Ellis is a member of the Teamsters Human Rights Commission.  The Commission  most recently met in Atlanta, Georgia from January 13-15, 1996 for the purpose of planning its 1996 activities and participating in the celebrations honoring the birthday of Martin Luther King, Jr.  In Mr. Ellis' response to the Election Officer, he attached the agenda for the meeting, which was sent to the commissioners on December 11, 1995 by Commission Chair Diana Kilmury.  According to the agenda, the meeting began at 4:00 p.m. on Saturday, January 13, with a tour of Dr. King's birthplace, followed by a working dinner at which the commissioners were to report on their 1995 projects.  The agenda for Sunday consisted of presentations, discussion groups and general meetings throughout the day to plan the Commission's projects for 1996.  On January 15, the Human Rights Commission was scheduled to participate in the Martin Luther King Day parade.

Mr. Ellis states that he toured Dr. King's birthplace on January 13 and participated in various meetings held the following day.  On January 15, Mr. Ellis states, he attended the morning church service at which President Clinton honored Dr. King and went to the parade in the afternoon. 

On January 13, 1996, a campaign event was held at the Best Western Hotel in Stockbridge, Georgia beginning at 2:30 p.m.  The flyer for the event lists five candidates who would be present, including Mr. Theodus and Mr. Ellis.[1]   According to the flyer, the discussion would focus on "the upcoming delegates elections, for the Teamsters Convention in 1996 and the International elections."    Mr. Ellis acknowledges that he attended this event, but contends that his presence there "was incidental to my attendance at the human rights meetings [on]

January 13-15, 1996."

The protester claims that Mr. Ellis arrived at the Commission meeting at 1:30 p.m. on Sunday, January 14 and stayed for only two hours.  According to the protester, Mr. Ellis "did not attend the January 13th session at all [and] did not attend the January 15 session, the reception or participate in the parade."  Mr. Ellis' participation in the Commission meeting, Mr. Wise asserts, "was incidental to the true purpose of his trip: campaigning." 

The Election Officer has consistently held that "the Rules permit campaign activity that is incidental to work."   Walston, P-128-LU743-CHI (October 12, 1995); Newhouse, P-253-LU435-RMT (January 4, 1996).     

Byron Wise

February 21, 1996

Page 1

In the instant case, the Election Officer credits Mr. Ellis' version of the events.  While the protester asserts that Mr. Ellis only minimally participated in the work of the Human Rights Commission, he offers no evidence or witnesses to support this claim.  It appears, therefore, that the majority of Mr. Ellis' time on January 13, 14 and 15 was spent attending a variety of events and meetings scheduled by the Commission.  Accordingly, the Election Officer finds that

Mr. Ellis' attendance at the campaign event on January 13 was incidental to "regular Union business" as permitted by the Rules.

For the reasons set forth above, 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 & 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

Julie Hamos, Regional Coordinator