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Office of the Election Supervisor for the International Brotherhood of Teamsters













June 20, 1996





Garry Langhorne

June 20, 1996

Page 1



Garry Harrington

824 Duxbury Road

Langhorne, PA  19047


Ted Carpino

6238 Erdrick Street

Philadelphia, PA  19135

Thomas Terinoni

547 Ashland Road

Hockessin, DE  19707

Garry Langhorne

June 20, 1996

Page 1



Re:  Election Office Case No. P-809-LU623-PNJ




Garry Harrington, a member of Local Union 623, 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 Ted Carpino and Thomas Teronini, also members of Local Union 623.  The protester alleges that Mr. Carpino and Mr. Teronini violated the Rules by circulating, on work time and on work premises, a petition supporting the candidacy of Ron Carey for general president.


Mr. Carpino responds that he circulated a petition while he was on work premises but maintains that he did not do this on work time.  Mr. Teronini was unavailable to respond to the protest as he was on active duty with a reserve unit.


Regional Coordinator Peter V. Marks, Sr. investigated the protest.


The protester and the charged parties work at the United Parcel Service (UPS) facility on Oregon Avenue in Philadelphia, Pennsylvania.  While at work on or about June 12, 1996, Mr. Carpino and Mr. Teronini circulated petitions supporting Ron Careys re-election.  Start time for the UPS drivers is 8:10 a.m.  The witnesses identified by the protester concur that Messrs. Carpino and Teronini circulated petitions prior to the 8:10 a.m. start time for the drivers.

Garry Langhorne

June 20, 1996

Page 1



Pursuant to Article VIII, Section 11(a), [a]ll union members retain the right to participate in campaign activities, including the right to run for office, to support or oppose any candidate, to aid or campaign for any candidate, and to make personal campaign contributions.  However, [n]o candidate or member may campaign during his/her working hours.  Campaigning incidental to work is not, however, violative of this section.  Further, campaigning during paid vacation, paid lunch hours or breaks, or similar paid time off is also not violative of this section.


Mr. Carpino and Mr. Teronini circulated petitions while on work premises, but did not campaign during their work hours, or during the work hours of the persons from whom they solicited signatures.  Their activity, therefore, did not violate the Rules.


The protest is therefore 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

Peter V. Marks, Sr., Regional Coordinator