April 29, 1996
VIA UPS OVERNIGHT
Robert A. Bell
36 Bliss Road
New Britain, CT 06053
Roy Sullivan
121 Cassidy Hill Road
Tolland, CT 06084
Re: Election Office Case No. P-707-LU559-ENG
Gentlemen:
Robert A. Bell, a member of Local Union 559, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) against Roy Sullivan, a candidate for delegate from Local Union 559 employed at Keebler Co. The protester alleges that Mr. Sullivan campaigned on union time during the afternoon on or about March 28, 1996 at Balf Co. in South Newington, Connecticut, arriving there in his Keebler tractor and trailer.
Adjunct Regional Coordinator David F. Reilly investigated the protest.
Mr. Sullivan denies that he campaigned at Balf Co. on March 28, 1996, and the evidence shows that the incident in dispute occurred on March 29, 1996. On that date,
Mr. Sullivan acknowledges that he campaigned at Balf Co. on behalf of his own candidacy for delegate and for the candidacy of Ron Carey for general president. On March 29, 1996,
Mr. Sullivan’s route originated in South Windsor, Connecticut and thereafter went to Manchester, Vernon, Avon, Simsbury, Winsted and Torrington. His route continued on to South Newington and then returned to South Windsor. His daily log shows that he arrived in South Newington at approximately 2:30 p.m. and left at approximately 3:30 p.m.
Robert Bell
April 29, 1996
Page 1
Mr. Sullivan usually stops for lunch for an hour some time between 2:00 p.m. and 3:30 p.m. On March 29, 1996, Mr. Sullivan campaigned at Balf Co. during his lunch hour, which he took from 2:30 to 3:30 p.m. The protester admits that he assumed that Mr. Sullivan was “on the clock” when campaigning at Balf Co. solely because the campaigning took place during the middle of Mr. Sullivan’s work day.
While the Rules in Article VIII, Section 11 (a) prohibit a candidate or member from campaigning during his or her working hours, the same provision permits campaigning during paid lunch hours or breaks, or similar time off. The Election Officer finds that Mr. Sullivan was campaigning while on his lunch hour and has not, therefore, violated the Rules.
Accordingly, 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.
Sincerely,
Barbara Zack Quindel
Election Officer
cc: Kenneth Conboy, Election Appeals Master
David F. Reilly, Adjunct Regional Coordinator