March 28, 1996
VIA UPS OVERNIGHT
Albert Martinez
7411 W. Glenn
San Antonio, TX 78225
Rick Glasebrook, President
Teamsters Local Union 657
8214 Roughrider
San Antonio, TX 78239
Re: Election Office Case No. P-577-LU657-SOU
Gentlemen:
Albert Martinez, a candidate for delegate from Local Union 657, 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 Local Union 657 President Rick Glasebrook. The protester alleges that Mr. Glasebrook announced at a union meeting that if he is elected delegate, two members of the local could attend the International convention as sergeants-at-arms, with all expenses paid. The protester alleges that by making this promise, the local union president is using union funds to support his candidacy. Mr. Glasebrook denies that he made the promise alleged by the protester.
Regional Coordinator Dolores C. Hall investigated the protest.
Article III, Section 8 of the IBT Constitution provides, in pertinent part:
Albert Martinez
March 28, 1996
Page 1
The General President, at his discretion, is also authorized to appoint such other committees from the membership as he may determine will facilitate the work of the Convention. The appointed members shall receive as compensation for their extra service such expenses and remuneration as the General Executive Board may determine.
The general president has established a Sergeant-at-Arms Committee to maintain order at the upcoming International convention to be held in July 1996. The International union will bear the expenses of individuals appointed to the committee. Members are selected for the committee based on recommendations from local union officers.
The investigation disclosed that during January 1996, Mr. Glasebrook recommended two members, Mario Rodriguez and Rick McMurtry, to serve as sergeants-at-arms at the International convention. The general president has not yet acted on Mr. Glasebrook’s recommendations. Mr. Glasebrook advised members at a membership meeting held on February 19, 1996 that he had recommended two members to be sergeants-at-arms, but that he did not know who would pay their expenses for attending the convention, if the members were appointed to the committee.
Mr. Glasebrook selected the two members prior to the Local Union 657 nomination meetings held on February 3 and 4, 1996. Neither member is a candidate for delegate, alternate delegate or International office.
The Rules prohibit a local union, as well as the International union, from making a campaign contribution, which is broadly defined as “any direct or indirect contribution of money or other thing of value where the purpose, object or foreseeable effect of that contribution is to influence, positively or negatively, the election of a candidate for Convention delegate or International delegate or alternate delegate or International Officer position.” However, here there is no evidence that the local union president’s selection of members to recommend as sergeants-at-arms had the goal, object or foreseeable effect of influencing the delegate or International officer election. Mr. Glasebrook made his recommendations for appointees to the Sergeant-at-Arms Committee pursuant to his authority as local union officer. “Restrictions on campaigning must not be read so broadly as to restrict the right and the responsibility of union officers to conduct their official business . . .” Martin, P-010-IBT-PNJ (August 17, 1995) (decision on remand), aff’d, 95 - Elec. App. - 18 (KC) (October 2, 1995).
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:
Albert Martinez
March 28, 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 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