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Office of the Election Supervisor for the International Brotherhood of Teamsters

 

 

 

 

 

 

 

 

 

 

 

 

February 22, 1996

 

 

 

VIA UPS OVERNIGHT

 


Jeffrey Hoke

February 22, 1996

Page 1

 

Jeffrey Hoke

6606 Chapel Hill Road

Borden, IN 47106

 

Tim Thompson

Teamsters Local Union 89

3813 Taylor Boulevard

Louisville, KY 40215


Larry Wolfe

Teamsters Local Union 89

3813 Taylor Boulevard

Louisville, KY 40215


Jeffrey Hoke

February 22, 1996

Page 1

 

Re:              Election Office Case No. P-364-LU89-SCE

 

Gentlemen:

 

A 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 Jeffrey A. Hoke, a member of Local Union 89 and delegate candidate on the “Hourly Workers Slate,” against Local Union 89 Business Agents Larry Wolfe and Tim Thompson.  Mr. Thompson is a member of a rival “Lon E. Fields, Sr./Ron Carey Slate.”  Mr. Hoke alleges that Mr. Wolfe and Mr. Thompson distributed campaign materials for the “Lon E. Fields, Sr./Ron Carey Slate” while on time paid for by the union.

 

The protest was investigated by Regional Coordinator Bruce Boyens.

 

Mr. Hoke states that he and several other witnesses observed Mr. Wolfe and

Mr. Thompson distributing campaign materials at a United Parcel Service facility in Louisville, Kentucky on January 25, 1996, between 10:15 and 11:00 a.m.  Mr. Wolfe and Mr. Thompson admit distributing the materials but respond that they had taken vacation on that day.

 


Jeffrey Hoke

February 22, 1996

Page 1

 

“The Rules, at Article VIII, Section 11, broadly protect the right of members to campaign.  Campaigning is not permitted during a candidate or member’s working hours or on time that is paid for by the union.  See Article VIII, Sections 11(a) and (b).”  Kieffer, et al.,

P-327-LU435-RMT, et seq (February 20, 1996).  With respect to Mr. Wolfe and Mr. Thompson, the Office Manager/Bookkeeper of Local Union 89 furnished the Regional Coordinator with documentation showing them to be on vacation on January 25, 1996.  Mr. Wolfe was on vacation all day.  Mr. Thompson was on vacation during the first half of the day, which covers the time period during which he was observed campaigning.

 

Mr. Wolfe’s protest cites Article XII, Section 1(b)(3) of the Rules, which prohibits the use of union funds, directly or indirectly, in promoting the candidacy of any individual.  However, that section must be read in conjunction with Article VIII, Section 11 of the Rules, cited above, which specifically addresses and protects the right to campaign.  That section states that “campaigning during paid vacation . . . is . . . not violative of this section.” 

 

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 & 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