October 2, 1996
VIA UPS OVERNIGHT
Le Roy Martin
October 2, 1996
Page 1
Le Roy Martin
5506 Bishop Court
Lake Dallas, TX 75065
James Buck, Trustee
Teamsters Local Union 745
1007 Jonelle Street
Dallas, TX 75217
Joe C. Thompson
2714 W. Rochelle
Irving, TX 75062
Le Roy Martin
October 2, 1996
Page 1
Re: Election Office Case No. P-993-LU745-SOU
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by
LeRoy Martin, a member of Local Union 745. Mr. Martin alleges that Johnny Blase, a member of Local Union 745, removed campaign literature which Mr. Martin posted from a union bulletin board located at Arkansas Best Freight (“ABF”). In response, Mr. Blase admits having removed literature from the bulletin board, but states that the document he removed was not campaign literature.
This protest was investigated by Regional Coordinator Dolores C. Hall.
Mr. Martin states that he supports the candidacy of James P. Hoffa for general president in the upcoming International election. Mr. Blase supports the candidacy of Ron Carey.
Mr. Martin is a Local Union 745 steward at ABF. The literature posted by Mr. Martin and removed by Mr. Blase is titled, “TEAMSTER ALERT! TEAMSTER ALERT! LOCAL 745 MEMBERSHIP IN DANGER.” The flyer focuses on the trusteeship recently imposed by
Mr. Carey on Local Union 745, and profiles several individuals associated with that trusteeship, none of whom are candidates in the International officer election. Several of the individuals profiled are mentioned as “another 745 ELECTION REJECT,” referencing their defeat in local union officer elections. The flyer ends with the admonition, “HOW CAN THESE TDU QUACKERS HELP YOU? WHEN THEY CAN’T EVEN HELP THEMSELVES?”
Le Roy Martin
October 2, 1996
Page 1
Article VIII, Section 11(a) of the Rules outlines the freedom of members to exercise political rights in support or opposition of any candidate. Article VIII, Section 11(d) of the Rules states:
No restrictions shall be placed upon candidates’ or members’ preexisting rights to use employer or Union bulletin boards for campaign publicity . . . Such facilities and opportunities shall be made available to all candidates and members on a nondiscriminatory basis.
Here, the Election Officer finds that while Mr. Blase removed the literature posted by
Mr. Martin on the ABF bulletin board, the flyer was not campaign literature. Both
Mr. Blase and Mr. Martin acknowledge that campaign literature supporting Messrs. Hoffa and Carey have been posted on the union bulletin board. Therefore, the Rules have not been violated.
In consideration of the foregoing, Mr. Martin’s 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, 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