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Office of the Election Supervisor for the International Brotherhood of Teamsters

              March 12, 1996

 

 

VIA UPS OVERNIGHT

 


Barney Smith

March 12, 1996

Page 1

 

 

Barney W. Smith

402 N. Rock Drive

Houston, TX 77073

 

Teamsters 4 Teamsters Slate

c/o Chuck Crawley

703 Wynd

Pasadena, TX 77503


James Buck, Trustee

Teamsters Local Union 988

3100 Katy Freeway

Houston, TX 77007


Barney Smith

March 12, 1996

Page 1

 

 

Re:  Election Office Case No. P-503-LU988-SOU

 

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 Barney Smith, a member of Local Union 988 and a candidate for delegate.  Mr. Smith alleges that Local Union 988 Trustee Jim Buck hired members of the Teamsters 4 Teamsters slate of candidates to fill local union positions with the goal of increasing their exposure to union members and influencing the outcome of Local Union 988s delegate and alternate delegate election.  According to the protester, Mr. Bucks actions violate Article VIII, Section 11(b) of the Rules.  In response, Mr. Buck states that he hired all individuals based on their respective job qualifications and not on their slate affiliation.  Mr. Buck points out that in addition to candidates on the Teamsters 4 Teamsters slate, he also hired a person who is a candidate for delegate on the Members Leadership slate, as well as individuals with no connection to the delegate and alternate delegate election. 

 

This protest was investigated by Regional Coordinator Dolores C. Hall.

 

The Election Officers investigation included extensive interviews with the protester, Mr. Buck and individuals recently hired to fill local union positions.  Relevant to this protest, Local Union 988 employs four business agents--Roland Bell, Chuck Crawley,


Barney Smith

March 12, 1996

Page 1

 

 

Dennis Bankhead and Robert Alvarez.  Mr. Crawley and Mr. Bankhead are candidates for delegate on the Teamsters 4 Teamsters slate, and were hired in December 1995.  Neither Mr. Bell nor Mr. Alvarez is a candidate for delegate or alternate delegate.  The local union also hired, on a temporary basis during the past four months, members Sam Levy and Tom Mitchell, candidates on the Teamsters 4 Teamsters and Members Leadership slates, respectively.  The local union also hired Tim Mardis as a special projects coordinator to organize workers in the waste management industry.  Mr. Mardis is a candidate for delegate on the Teamsters 4 Teamsters slate.

 

The investigation of this protest included reviewing the circumstances of each individuals hiring and corroboration of each individuals professional and industry background, qualifications and IBT-related experience.

 

Article VIII, Section 11(b) of the Rules states, in relevant part, that [t]he Union or a Local Union as such or the General Executive Board or an Executive Board of a Local Union as such may not endorse or otherwise advance a candidacy, even if all members agree on the endorsement or candidacy. 

 

The Election Officers investigation found insufficient evidence Article VIII,

Section 11(b) of the Rules has been violated.  While it is true that several of the above-named individuals are members of the Teamsters 4 Teamsters slate, this, without more, does not prove Mr. Buck hired them based on their slate status.  The investigation corroborates

Mr. Bucks position that individuals of varied and qualified backgrounds were appropriately chosen based on factors relevant to each job:  industry background, professional expertise and longevity of membership in the IBT.  The protester has failed to present sufficient evidence providing that any of the above-named individuals were hired to affect the delegate and alternate delegate elections.

 

In consideration of the foregoing, Mr. Smiths 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

 


Barney Smith

March 12, 1996

Page 1

 

 

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

Dolores C. Hall, Regional Coordinator