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Office of the Election Supervisor for the International Brotherhood of Teamsters

              June 24, 1996





Jerry Halberg

7903 S. 124th Street

Seattle, WA 98178


Robert A. Hasegawa, Secretary-Treasurer

Teamsters Local Union 174

553 John Street

Seattle, WA 98109


Re:  Election Office Case Nos.              P-806-LU174-PNW, P-807-LU174-PNW




Jerry Halberg, a delegate to the International Convention from Local Union 174, filed two protests pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (Rules) against Robert Hasegawa, secretary-treasurer of Local Union 174.  In P-806-LU174-PNW, the protester alleges that

Mr. Hasegawa violated the Rules by refusing to provide the protester with the next publication date for any Local 174 news publication so that the delegates could distribute an informal membership questionnaire.  In P-807-LU174-PNW, the protester alleges that Mr. Hasegawa violated the Rules by refusing to provide the protester with an opportunity to review the expense reports submitted by the delegates from Local Union 174 to the 1991 International Convention.  The Election Officer consolidated these protests for decision because they involve identical parties and similar issues.


Regional Coordinator Christine M. Mrak was assigned to investigate the protests.


On May 13, 1996, Mr. Halberg sent a letter to Mr. Hasegawa requesting that he and the other Convention delegates be provided with the next publication date for any Local

Jerry Halberg

June 24, 1996

Page 1



Union 174 publication being sent to the local union membership.  The purpose of this request was to distribute, through the publication, an informal membership questionnaire concerning the 1996 International Convention.  Mr. Halberg did not receive any response concerning his inquiry from the local union.  On June 11, 1996, Mr. Halberg received a copy of the April-June 1996 issue of the Teamster Times, a Local Union 174 publication.  An article cited to the Election Officer in that edition of Teamster Times concerned a rally held on May 16, 1996 in support of striking workers at Browning Ferris Industries.[1]  Mr. Halberg contends that the report of the May 16, 1996 rally demonstrates that the local union had ample time to notify him of the next publication date of the Local Union 174 newspaper so that he and others would be afforded an opportunity to communicate with the membership on issues pertaining to the convention.  He therefore contends that Mr. Hasegawa deliberately delayed acting on the request, thereby denying him the right to communicate with the members.   


While the Rules prohibit a union publication from attacking or supporting a candidate, the Rules do not provide a member or delegate with the right to notice of the publication date for any publication published by a local union.  The Rules do not provide Convention delegates with a right of access to the local union publication for purposes connected with the International Convention.  The failure to provide the information to the protester, therefore, does not constitute a violation of the Rules.


In P-807-LU174-PNW, Mr. Halberg protests the refusal of Mr. Hasegawa to acknowledge receipt of or respond to his request to the local union that he be provided with an opportunity to review the delegate expense reports from the Local Union 174 1991 delegates the IBT Convention.  On May 2, 1996, the Election Officer issued an Advisory Regarding Convention Expenses concerning the obligation of each local union to pay the expenses of its delegates.  Any further questions concerning expenses to the 1996 IBT Convention may be directed to the Election Officer.  The Rules do not provide a right of inspection of 1991 delegate expense reports.


Based on the foregoing, the protests are 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:

Jerry Halberg

June 24, 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.






Barbara Zack Quindel

Election Officer



cc:               Kenneth Conboy, Election Appeals Master

Christine M. Mrak, Regional Coordinator

[1]The protester points out that the article on the rally included two photographs of

Mr. Hasegawa, who was one of the guest speakers there.  However, the protester does not allege that the local union publication supported or attacked a candidate in violation of

Article VIII, Section 8 of the Rules.