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Office of the Election Supervisor for the International Brotherhood of Teamsters

              October 4, 1996





Todd Hartsell

1823 Green Park Circle

Ankeny, IA  50021


Jim Blanchard

Teamsters Local Union 147

2425 Delaware Avenue

Des Moines, IA  50317


Re:  Election Office Case No. P-983-LU147-PNJ




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 Todd Hartsell, president of  Local Union 90.  Mr. Hartsell alleges that Jim Blanchard, a member of Local Union 147, threatened and harassed him, in violation of the Rules.


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


Mr. Hartsell is employed by the IBT as a voter registration and political education coordinator.  Mr. Hartsell contends that on September 13, 1996, Mr. Blanchard approached him at a restaurant and questioned him as to his job duties.  According to Mr. Hartsell,

Mr. Blanchard loudly stated that the protester had better not be campaigning on union time and that he would file charges against Mr. Hartsell if he caught him campaigning.  The protester states that Mr. Blanchard then cautioned him that he knew people all over town who would be watching Mr. Hartsell to make sure he was not campaigning.  Mr. Hartsell states that he felt threatened by Mr. Blanchards actions.


Todd Hartsell

October 4, 1996

Page 1



The Rules, at Article VIII, Section 11(f), prohibit retaliation and the threat of retaliation by any person against a member for exercising any right guaranteed by the RulesThe right to engage in political and campaign activities includes the right to be free from threats of violence.  Lopez, P-456-LU743-CHI (April 10, 1996) (finding Ill kill you to violate the Rules, in light of ongoing animosity between the parties); Smith, P-600-

LU150-CSF (April 30, 1996) (finding remark youll be taken out of here in a body bag to violate the Rules.); Kelly, P-600-LU705-CHI et seq. (March 27, 1991) (finding an aggressive threat to kick their ass made in a menacing manner to be harassment in violation of the Rules).  A threat of physical violence for protected election activity, including filing of a protest, is chilling and cannot be tolerated.


Mr. Hartsell does not, however, allege that Mr. Blanchard threatened him with violence or any retaliation other than the threat to file charges.  Mr. Blanchard, presumably referring to his right to file a pre-election protest, threatened to file such a protest if he observed Mr. Hartsell campaigning on union time.  Such a threat is not forbidden by the Rules.  Mr. Hartsell does not allege that Mr. Blanchard attempted to interfere with his exercise of any right guaranteed by the Rules.  Mr. Blanchards words and actions, therefore, do not violate 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, D.C. 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