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Office of the Election Supervisor for the International Brotherhood of Teamsters

              March 5, 1996





John Cetinske, et al.

March 5, 1996

Page 1



John Cetinske

117 Peak Hill Circle

Nashville, TN 37211


Roger Beach

110 Jewell Avenue

Smyrna, TN 37167


Bill Clemens

2507 Spaulding Circle

Murfreesboro, TN 37129

Lou Quintano

107 Springfield Drive

Smyrna, TN 37167


Ronnie Martin

4741 Stewarts Ferry Pike

Mt. Juliet, TN 37122


Ronnie Martin #480 Slate

4741 Stewarts Ferry Pike

Mt. Juliet, TN 37122

John Cetinske, et al.

March 5, 1996

Page 1



Re:  Election Office Case No. P-506-LU480-SCE




The 480 Rank & File Experienced slate of candidates for delegate from Local Union 480 filed a protest pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (Rules) against Ronnie Martin, the principal officer of Local Union 480, and the Ronnie Martin #480 slate of delegate candidates.  The protester alleges that Mr. Martin has used the union newsletter, Teamsters Local 480 News, to attack the former officers of Local Union 480 and the Teamsters Local 480 Members Choice slate, the slate of candidates for delegate supported by the former officers.  The protester also alleges that Mr. Martin is not fit to be a delegate based on the findings and decision of Joint Council No. 87, sustaining challenges to the local union officer election in which Mr. Martin was elected president.


The protest was assigned to Regional Coordinator Bruce Boyens.


John Cetinske, et al.

March 5, 1996

Page 1



The Teamsters Local 480 News is printed on both sides of a single page.  Most of the newsletter is devoted to a report from Local Union 480 President Martin entitled, Lets Unite to Build Our Local, in which he describes the condition of the union as found by the new officers, and the goals of the new administration.  The presidents report is critical of the former officers management of the local unions finances and their inefficiency in processing grievances and handling benefit issues.  There is no mention of the delegate elections or any slate of candidates in this or any other article in the newsletter.  A shorter article describes the plans of the new officers to make education and training priorities for their administration.  A third article lists the local unions new business agents and their assignments.


Article VIII, Section 8(a) of the Rules provides the following prohibition:


No publication or communication financed, directly or indirectly, by a Union may be used to support or attack any candidate or the candidacy of any person . . .


The newsletter does not refer to the Ronnie Martin #480 slate of delegates, expressly or by implication. While the column from the Local Union 480 president in Teamsters Local 480 News may be critical of the former officers of the local union, at least one of whom is a candidate for delegate, mere criticism, in and of itself, does not rise to the level of campaigning.  See Blake, P-245-JC42-CLA (January 12, 1996), affd, 96 - Elec. App. - 54 (January 12, 1996).  Accordingly, the publication does not violate the Rules.


Article VII, Section 1 sets forth the criteria for eligibility to run for delegate:


(a) To be eligible to run for any Convention delegate, alternate delegate or International Officer position, one must:


(1) Be a member in continuous good standing of the Local Union, with ones dues paid to the Local Union for a period of twenty-four (24) consecutive months prior to the month of nomination for said position with no interruptions in active membership due to suspensions, expulsions, withdrawals, transfers or failure to pay fines or assessments;


(2) Be employed at the craft within the jurisdiction of the Local Union for a period of twenty-four (24) consecutive months prior to the month of nomination; and


(3) Be eligible to hold office if elected.


The protester has not raised an issue of eligibility under the Rules with respect to

Mr. Martins candidacy.


Mr. Martins eligibility to be a candidate for alternate delegate may be affected by a disciplinary penalty if such a penalty interrupted his good standing or rendered him ineligible to serve.  Here, however, the protestor has provided no evidence that would disquailfy

John Cetinske, et al.

March 5, 1996

Page 1



Mr. Martin as a candidate under the Rules.


Based on the foregoing, 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.






Barbara Zack Quindel

Election Officer



cc:               Kenneth Conboy, Election Appeals Master

Bruce Boyens, Regional Coordinator