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Office of the Election Supervisor for the International Brotherhood of Teamsters













April 24, 1996





Matthew C. Studd

April 24, 1996

Page 1



Matthew C. Studd

213 Bradyville Road

Woodbury, TN 37190


David K. Tanksley

1523 Pamela Drive

Lavergne, TN 37086

Jim Waggoner

127 Brooksboro Terrace

Nashville, TN 37217


Willie Ellis, Secretary-Treasurer

Teamsters Local Union 327

1006 Russell Street

Nashville, TN 37206

Matthew C. Studd

April 24, 1996

Page 1



Re:  Election Office Case No. P-556-LU327-SCE




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 Matthew C. Studd, a member of Local Union 327 and candidate for delegate on the Rank and File Teamsters for

Ron Carey ("Rank and File") slate.  Mr. Studd alleges that Local Union 327 produced an incomplete set of address labels for a mail-out of his slate's campaign literature.  The local union admits that it did not prepare labels for all membership codes.  The Election Officer deferred the protest for consideration post-election, pursuant to Article XIV, Section 2(f)(2).


This protest was investigated by Regional Coordinator Bruce Boyens.


Mr. Studd's slate mailed campaign literature to Local Union 327's membership on February 23, 1996.  The mailing was intended to go to the entire membership.  The local union produced 1,653 labels.


Mr. Studd contends, however, that the set of labels produced for the mailing was incomplete.  On February 20, he and the other members of his slate met with Local Union 327  Secretary-Treasurer Willie Ellis and viewed a membership roster that listed 1,833 names.  The Election Officer's ballot mailing, made on February 21, totaled 1,878.

Matthew C. Studd

April 24, 1996

Page 1



The local union's TITAN operator stated that she did not prepare labels for addresses known to be incorrect or for the "I" membership code.


Local Union 327 is entitled to elect two delegates and one alternate delegate.  The Rank and File slate was full (consisting of a candidate for every position).  There was one other full slate, the Hodgin/Neal slate for Ron Carey ("Hodgin/Neal").  There were no independent candidates. 


Ballots were counted on March 13, 1996.  The official election tally sheet shows that 670 ballots were cast, of which 601 were counted.  There were 15 void ballots and 54 unresolved challenged ballots.  The challenges were left unresolved because the number was too small to affect any of the election results.  The ranking of candidates was as follows:





Rank                            Name                                          Votes                            Slate or Independent

1                            Matt Studd                            354                            Rank and File

2                            Jim Waggoner              335                            Rank and File

3                            Jimmy Neal                            259                            Hodgin/Neal

4                            Dave Hodgin                            242                            Hodgin/Neal


Alternate Delegate


Rank                            Name                                          Votes                            Slate or Independent

1                            David L. Tanksley              342                            Rank and File

2                            Doug Fann                            246                            Hodgin/Neal



This protest is being considered in a post-election context.  Under Article XIV, Section 3(b) of the Rules,


Such protests shall only be considered and remedied if the alleged violation may have affected the outcome of the election, except that any timely protest alleging improper threats, coercion, intimidation, acts of violence or retaliation for exercising any right protected by the Rules shall be considered and remedied without regard to whether the alleged violation affected the outcome of an election.


In this matter, the protester and his slate won Local Union 327's delegate election.  Therefore, the local union's alleged violation of the Rules with respect to the address labels it produced for Mr. Studd's slate's campaign mailing could not have affected the outcome. 


Accordingly, the protest is DENIED.

Matthew C. Studd

April 24, 1996

Page 1



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