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Office of the Election Supervisor for the International Brotherhood of Teamsters













May 9, 1996





Roman Garcia

May 9, 1996

Page 1



Roman Garcia

7906 W. 90th Avenue

Westminster, CO 80021


Hugh Thompson, Temporary Trustee

Teamsters Local Union 916

2701 N. Dirksen Highway

Springfield, IL 62702

Teamsters for Justice Slate

3440 Youngfield Street #101

Wheatridge, CO 80033


John Sullivan, Associate General Counsel

International Brotherhood of Teamsters

25 Louisiana Avenue, N.W.

Washington, DC 20001

Roman Garcia

May 9, 1996

Page 1



Re:  Election Office Case No. P-747-IBT-SCE




Roman R. Garcia, secretary-treasurer of Local Union 435, 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 Hugh Thompson, an IBT International representative.  The protester alleges that Mr. Thompson campaigned on union time and at union expense on April 24 and 25, 1996, on behalf of the Teamsters for Justice slate of candidates for delegate from Local Union 435.


Mr. Thompson admits to campaigning on behalf of the Teamsters for Justice slate but asserts that he campaigned for the slate while on vacation from his position as International representative.  He states further that he used personal funds to pay the expenses he incurred in order to campaign for the slate.


Regional Coordinator Bruce Boyens investigated the protest,


Article VIII, Section 11(b) of the Rules protects the right of union officers and employees, if union members, to participate in campaign activities, including their right to support or aid any candidate.  However, the Rules prohibit the officer or employee from campaigning on time that is paid for by the union.

Roman Garcia

May 9, 1996

Page 1



Article XII, Section 1(b)(1) prohibits the union from contributing, directly or indirectly, anything of value, where the purpose, object or foreseeable effect of the contribution is to influence, positively or negatively, the election of a candidate.


              Mr. Thompson has documented that he used vacation days to campaign for the Teamsters for Justice slate on April 24 and 25, 1996.  He has also produced a frequent-flyer coupon that he used to travel to Denver to campaign for the slate.  He obtained the coupon through personal travel.  The IBT did not fund his campaign activities.  Thus, he campaigned on his own time, at his own expense, and without violating 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.






Barbara Zack Quindel

Election Officer



cc:               Kenneth Conboy, Election Appeals Master

Bruce Boyens, Regional Coordinator