February 29, 1996
VIA UPS OVERNIGHT
John Paschal, et al.
February 29, 1996
Page 1
John Paschal
1211 Teollowee Road
Eden, NC 27288
Miller Brewing Company
863 E. Meadow Road
Eden, NC 27288
Jack Cipriani, President
Teamsters Local Union 391
3100 Sandy Ridge Road
Colfax, NC 27235
Vernon Gammon
Teamsters Local Union 391
3100 Sandy Ridge Road
Colfax, NC 27235
John Paschal, et al.
February 29, 1996
Page 1
Re: Election Office Case No. P-486-LU391-SEC
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”) by John Paschal, a member of Local Union 391 and a candidate for alternate delegate on the “Working Teamsters for Reform Slate.” Mr. Paschal alleges: (1) that Local Union 391 stewards distributed campaign literature for a rival slate, the “Team 391 Slate,” during working hours and (2) that Vernon Gammon, a candidate for alternate delegate on the “Team 391 Slate,” used a car leased by Local Union 391 for campaign activity.
This protest was investigated by Regional Coordinator J. Griffin Morgan.
Mr. Paschal’s protest is based on statements made to him by Billy Carter, another candidate for alternate delegate on the “Working Teamsters for Reform Slate.” Both
Mr. Paschal and Mr. Carter are employees of Miller Brewing Company in Eden, North Carolina.
John Paschal, et al.
February 29, 1996
Page 1
The Election Officer finds on the record presented that the disputed activities occurred on February 14, 1996. Mr. Carter works the first shift at the Miller plant. At the end of his shift, he left the plant and found Local Union 391 stewards distributing “Team 391 Slate” literature in the vicinity of the guard house when he got there. Shift employees do not clock out at the Miller plant; they leave when a buzzer sounds. Mr. Carter concluded that the stewards must have left work early in order to complete the alleged six- to seven-minute walk to the guard house before Mr. Carter got there himself.
Mr. Gammon, a Local Union 391 business agent, states that he distributed campaign literature at the Miller plant guard house on the date in question, with the help of first and second shift stewards. Second shift stewards helped until a few minutes before their shift began, and first shift stewards helped when they arrived after the first shift was over.
Mr. Gammon’s statement was corroborated by Larry Tucker, another candidate for alternate delegate on the “Working Teamsters for Reform Slate.” Mr. Tucker stated to the Regional Coordinator that he did leave the first shift early on the date in question and that only
Mr. Gammon was distributing campaign literature at the guard house when he passed by.
The Miller Brewing Company states that it has no knowledge of any employees campaigning during work hours and further states that it disciplines employees who do so.
Article VIII, Section 11 of the Rules provides that “[n]o candidate or member may campaign during his/her working hours.” The Election Officer finds no violation on the record presented.
With respect to the second part of Mr. Paschal’s protest, Mr. Gammon stated to the Regional Coordinator that he took a vacation day on February 14, 1996, and that he drove his own car while campaigning. He admits that he drove a car leased by Local Union 391 later that day. The only witness who saw Mr. Gammon drive a union car on that day stated that the time was after 5:00 p.m. Mr. Gammon and Local Union 391 President Jack Cipriani state that business agents are permitted to use union cars for personal business, subject to a reimbursement policy not relevant to Mr. Gammon’s use of his union car on the date in question.
Article VIII, Section 11(c) of the Rules provides that “[u]nion funds, facilities, equipment, stationery, personnel, etc., may not be used to assist in campaigning unless the Union is reimbursed at fair market value for such assistance . . .” and that “Union officers and employees provided with Union-owned or leased cars, if otherwise afforded the right to utilize those cars for personal activities, may use the cars for campaign activities . . .” The Election Officer finds no violation on the record presented.
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:
John Paschal, et al.
February 29, 1996
Page 1
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
J. Griffin Morgan, Regional Coordinator