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Office of the Election Supervisor for the International Brotherhood of Teamsters

              March 13, 1996

 

VIA UPS OVERNIGHT

 

Archie J. Cook

4508 Balmoral Drive

Richton Park, IL 60471

 

Jo Pressler

Teamsters Local Union 705

1645 W. Jackson Boulevard

Chicago, IL 60612

 

Re:  Election Office Case No. P-458-LU705-CHI

 

Gentlepersons:

 

Archie J. Cook, a member of Local Union 705, filed this pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (Rules).  The protester alleges that Local Union 705 Administrator Jo Pressler used Local Union 705 facilities and equipment to participate in an appeal hearing concerning a protest she had filed challenging the eligibility of delegate candidates.  The protester contends that by participating in the appeal hearing on union time and from the local union office, Ms. Pressler violated the Rules by using union resources to influence the election of delegates from the local union.

 

Ms. Pressler responds that her actions did not violate the Rules as determined in Cook, P-357-LU705-CHI (February 16, 1996), affd, 96 - Elec. App. - 113 (February 29, 1996).  In that case, the Election Officer held that the filing of a protest is protected activity and does not constitute support for a candidate or campaigning under the Rules

 

The protest was assigned to Regional Coordinator Julie E. Hamos for investigation.

 

In Cook, supra, the protester objected to Ms. Presslers use of her position, as well as Local Union 705 equipment and facilities, to file a protest concerning the eligibility of three candidates for delegate.  The eligibility protest was decided in Pressler, E-52-LU705-EOH (February 1, 1996), affd, 96 - Elec. App. - 90 (February 15, 1996).


Archie Cook

March 13, 1996

Page 1

 

 

In the instant protest, the protester objects to Ms. Presslers participation in the appeal hearing of the eligibility protest held February 12, 1996.  In Jordan, P-269-LU337-SCE (January 18, 1996), affd in pertinent part, 95 - Elec. App. - 84 (KC) (February 12, 1996), the Election Officer considered whether the participation of a union staffperson in a protest appeal hearing was an unlawful union contribution.  She stated that protest activity is not campaign activity merely because the position advanced in connection with the protest will ultimately benefit one side and injure the other.  She held that union resources may be used in protest-related activity if the protest furthers an independent, institutional interest of the union.

 

In Furst, P-711-LU1145-NCE (undated), affd in part and revd in part sub nom,

91 - Elec. App. - 172 (SA) (July 29, 1991), the Election Officer held that union-funded activity in support of an eligibility protest did not involve a prohibited union contribution because a local union has a demonstrable, institutional interest in the eligibility of candidates to run for delegate.  Therefore, Ms. Presslers participation in the appeal of the eligibility protest was not a prohibited use of union resources.

 

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 N. Capitol Street, Suite 855, Washington, DC 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 E. Hamos, Regional Coordinator