Protest Decisions

              June 25, 1996

VIA UPS OVERNIGHT

Jack Ford

1021 Everglades Drive

Pacifica, CA 94047

Andy Cirkelis, Secretary-Treasurer

Teamsters Local Union 921

450 Harrison Street, Room 304

San Francisco, CA 94105

Re:  Election Office Case No. P-820-LU921-EOH

Gentlemen:

A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”) by Jack Ford, a delegate for Local Union 921.  Mr. Ford alleges that Local Union 921 Secretary-Treasurer Andy Cirkelis has refused to reimburse Mr. Ford for airfare to and from the International Convention and has refused to provide him with six nights of hotel accommodations in Philadelphia, as required by the Election Officer’s Advisory Regarding Convention Expenses, (“Advisory”) issued on May 2, 1996.

Mr. Cirkelis responds that an agent of the local union previously presented Mr. Ford with a plan whereby the union would pay for Mr. Ford’s airfare and five nights of hotel accommodation, but that Mr. Ford rejected this offer.  He states that Mr. Ford does not require a sixth day’s accommodation because, since the Convention ends at noon on Friday, July 19, 1996, Mr. Ford has ample time to return to California on Friday afternoon or evening.  Mr. Cirkelis feels that it is “irresponsible” of Mr. Ford to request an additional day because of Local Union 921’s precarious financial situation.  Finally, Mr. Cirkelis contends that he does not wish to reimburse Mr. Ford for a non-transferrable airline ticket because he intends to file an appeal with Judge David N. Edelstein regarding a protest of Local

Jack Ford

June 25, 1996

Page 1

Union 921’s delegate elections.  If the appeal is decided in his favor, then he will fly to Philadelphia to attend the Convention as a delegate and Mr. Ford will not.[1]  Thus, he argues that the local union must be allowed to make travel arrangements that are transferrable.

Election Office Staff Attorney Jonathan O’Neill investigated the protest.

The rules governing the financial obligations of local unions to their elected Convention delegates appear in the Advisory.  These rules are intended to insure that Convention delegates are treated equally by their own local unions and that they be offered the same opportunities as delegates from other local unions.  Section I of the Advisory states:

The Rules for the 1995 - 1996 IBT International Union Delegate and Officer Election (“Rules”), provide that local unions shall be required to send and pay the expenses, or make arrangements for such payment by agreement with other subordinate bodies, of all the delegates to which the local union is entitled at the 1996 International Convention.

Section II of the Advisory establishes the period during which the local union is required to fulfill its financial obligations.  It states:

The Election Officer will consider a seven-day (7) period from either Saturday, July 13, 1996 through Friday, July 19, 1996, or Sunday, July 14, 1996 through Saturday, July 20, 1996, as the period of the local union’s per diem expense obligation.  The local union is also responsible for hotel costs for six (6) nights.

In addition, the Election Officer states in Section III(B) of the Advisory:

The local union is also responsible for the travel expenses of its delegates and, if applicable, its alternates, for their transportation to and from Philadelphia.

Jack Ford

June 25, 1996

Page 1

Delegates and alternate delegates are not required to travel or utilize travel arrangements provided by the local union.  In such cases, the delegates and alternate delegates are to be reimbursed by the local union for their actual costs, with mileage reimbursements at the rate of 31¢ per mile for use of a personal vehicle.  In no case, however, are the delegates and alternates entitled to reimbursement in an amount greater than the cost that would have been borne by the local union if the delegates or alternates had utilized the means of transportation arranged by the local union.

Mr. Ford has obtained a non-refundable round-trip ticket on Northwest Airlines for which he is now obligated to pay $381. The ticket itinerary has Mr. Ford leaving San Francisco on July 13, 1996 and returning on July 20, 1996.  Mr. Cirkelis has stated that the airfare for the travel arrangements initially made by his agent and canceled by Mr. Ford was almost identical to the cost now borne by Mr. Ford.[2]  Mr. Cirkelis states, however, that he is reluctant to reimburse Mr. Ford for this airfare because it is non-transferrable and because it requires Mr. Ford to remain in Philadelphia for the night of July 19.  Mr. Cirkelis states that he sees no reason why Mr. Ford needs to remain an extra night in Philadelphia.  According to Mr. Cirkelis, the local union has already reserved hotel accommodations for Mr. Ford for five nights in Philadelphia.

The Advisory, however, is quite clear on the local union’s obligations in this matter.  While the Election Officer acknowledges that convention expenses may place a financial burden on local unions, funds used for this purpose are necessary for the preservation of a democratic election process and, as a result, are necessary expenses.  The Advisory specifically makes the local union responsible for six nights of accomodations.

Mr. Cirkelis’ argument concerning financial burden is not persuasive.  He admits that the airfare acquired by Mr. Ford is comparably priced to the airfare he originally found acceptable.  Mr. Ford does not request that his hotel accommodations be radically altered or moved, he simply asks that they be extended by one day, in accordance with the Advisory.

The extra expense referred to by Mr. Cirkelis is, therefore, only an additional night’s stay.  The request is in compliance with the Advisory.

Nor does the Election Officer find persuasive Mr. Cirkelis’ argument concerning the pending outcome of his appeal of the Election Appeal Master’s decision in In Re: Collins,

96 - Elec. App. - 201 (KC) (June 17, 1996).  The Election Officer determined that Mr. Ford was elected as a delegate from Local Union 921 in Torres, supra.  This decision was affirmed by the Election Appeals Master.  Collins, supra.  The fact that Mr. Cirkelis is contemplating the filing of an appeal does not change the local union’s obligation at this time.  Unless stayed, the orders of the Election Officer and the Election Appeals Master take immediate effect. 

Mr. Ford, therefore, is entitled to have his travel and hotel expenses payed by the local union like any other delegate.  Mr. Cirkelis cannot refuse to reimburse Mr. Ford based on speculation about the results of a contemplated appeal.

For the foregoing reasons, the protest is GRANTED.

Jack Ford

June 25, 1996

Page 1

Having found that the Rules have been violated, however, the Election Officer “may take whatever remedial action is appropriate.”  Article XIV, Section 4.  In fashioning the appropriate remedy, the Election Officer views the seriousness of the violation, as well as its potential for interfering with the election process.  The local union is required to fulfill its obligations enumerated in the Advisory.  The Election Officer, therefore, directs Local

Union 921 to extend the hotel reservations it has made for its delegate accommodations to include the night of Friday, July 19, 1996.  Further, the local union is directed to pay

Mr. Ford $380 to compensate him for the travel arrangements he has made.  These requirements are to be carried out within three (3) working days after the receipt of this decision.  After the local union has complied with this order, the secretary-treasurer of Local Union 921 will file an affidavit with the Election Officer within two (2) working days indicating compliance.

An order of the Election Officer, unless otherwise stayed, takes immediate effect against a party found to be in violation of the Rules.  In Re: Lopez, 96 - Elec. App.- 73 (KC) (February 13, 1996). 

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