September 5, 1996
VIA UPS OVERNIGHT
Terry A. Devereaux
September 5, 1996
Page 1
Terry A. Devereaux
2511 Havenwood Drive
Arlington, TX 76018
James Buck, Trustee
Teamsters Local Union 745
1007 Jonelle Street
Dallas, TX 75217
Sam Slater, Terminal Manager
Roadway Express
200 N. Beltline Road
Irving, TX 75061
Barbara Leukart
Jones, Day, Reavis & Pogue
901 Lakeside Avenue
Cleveland, OH 44114
Richard Bennett
Roadway Services, Inc.
1077 George Boulevard
Akron, OH 44309
Terry A. Devereaux
September 5, 1996
Page 1
Re: Election Office Case No. P-906-LU745-SOU
Gentlepersons:
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 Terry A. Devereaux, a member of Local Union 745. Mr. Devereaux contends that a “Hoffa for President Rally” notice was posted in a glass-enclosed and locked bulletin board located in the break room at Roadway Express in Dallas, Texas.
Local Union 745 is under trusteeship. Local Union 745 Trustee James Buck does not question that what the protester alleges occurred prior to the institution of the trusteeship.
Regional Coordinator Dolores C. Hall investigated the protest.
Terry A. Devereaux
September 5, 1996
Page 1
Article XIV, Section 2(b) of the Rules requires protesters to file “within two (2) working days of the day when the protestor becomes aware or reasonably should have become aware of the action protested.” The short time limits are important to ensuring that alleged violations of the Rules are quickly brought to the attention of the Election Officer in order to afford the greatest opportunity for applying an effective remedy if a violation is found.
The investigation revealed that the notice of the Hoffa rally was posted on the bulletin board on July 15 and remained posted until after the rally on July 19. Mr. Devereaux admits that he had never seen campaign literature on this board prior to July 15 or after this posting was removed. Mr. Devereaux did not file this protest until August 12, 1996. He states that although he was aware of the posting, he did not file a protest because he did not know it might constitute a violation of the Rules.
In these circumstances, the Election Officer finds that the delay of over three weeks in filing this protest renders it untimely. The Election Officer also notes that Mr. Buck has stated that it is his intent that no campaign literature should be posted on official union bulletin boards and that only general purpose bulletin boards should be used for the posting of campaign literature.[1]
Accordingly, this 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
Terry A. Devereaux
September 5, 1996
Page 1
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
Dolores C. Hall, Regional Coordinator
[1]The Election Officer notes that, based upon a previous finding of a Rules violation, she has ordered that campaign literature for any candidate for general president or general secretary-treasurer will be permitted to be posted on the glass-enclosed bulletin board in the drivers’ break room in the main CF Motorfreight Terminal in Dallas, Texas. See Runyon, P-815-LU745-SOU (July 10, 1996), aff’d, 96 - Elec. App. - 219 (KC) (August 1, 1996).