Protest Decisions

              October 22, 1996

VIA UPS OVERNIGHT

Robert Spearman

October 22, 1996

Page 1

Robert Spearman

c/o Stand Up for Teamsters Slate

10733 S. Western Avenue

Chicago, IL  60643

Keith Partin, Secretary-Treasurer

Teamsters Local Union 5

1772 Dallas Drive

Baton Rouge, LA  70806

Fred R. Killen, Secretary-Treasurer

Teamsters Local Union 311

416 Eastern Boulevard

Baltimore, MD  21221

David A. Vinson, President

Teamsters Local Union 822

5718 Bartee Street

Norfolk, VA  23502

Robert Fields, Jr., President

Teamsters Local Union 322

3705 Carolina Avenue

Richmond, VA  23222

Laird F. Evans, Secretary-Treasurer

Teamsters Local Union 568

920 Grimmett Drive

Shreveport, LA  71107

Jerry D. Putnam, Secretary-Treasurer

Teamsters Local Union 997

137 Sycamore School Road, Suite 102

Fort Worth, TX  76134

Jose E. Cadiz, Secretary-Treasurer

Teamsters Local Union 901

352 Parque Street, Stop 23

Santurce, PR  00912

James Buck, Trustee

Teamsters Local Union 988

3100 Katy Freeway

Houston, TX  77007

Robert Spearman

October 22, 1996

Page 1

Re:  Election Office Case No. P-1057-LU5-SEC

Gentlemen:

Robert Spearman

October 22, 1996

Page 1

Robert Spearman, a member of Local Union 480 and a candidate for International vice president-at-large on the Stand Up for Teamsters slate, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”) alleging that Local Unions 5, 311, 322, 568, 822, 901, 920 and 997 violated Article VIII, Section 1(b) of the Rules by failing to provide him and the Stand Up for Teamsters slate with a list of the local unions’ work sites within five days of his request, as required by the Rules.

All eight local unions state that they either sent the responses on time or that they never received the faxed request.

Regional Coordinator J. Griffin Morgan investigated this protest.

Mr. Spearman requested the local unions’ work-site lists pursuant to Article VIII, Section 1(b) of the Rules: 

Each delegate candidate, each alternate delegate candidate and each nominated or accredited International Officer candidate shall have the right to a current list of all sites, with corresponding addresses, where any and all Local Union members work.  Requests for such work site lists shall be made to the Local Union’s Secretary-Treasurer or principal executive officer in writing and shall be honored within five (5) days.

Mr. Spearman’s request for the work-site list was a form request addressed to the “Local Principle Officer.”  Although the request form was dated September 11, 1996, the actual requests were not faxed to the local union offices until after business hours on September 11, 1996 and prior to business hours on September 12, 1996.

The Election Officer will discuss the compliance of each local union separately.

1.              Local Union 5

Local Union 5 states that it never received Mr. Spearman’s request.  Mr. Spearman submitted the confirmation sheet for his request which confirms that the fax was sent on September 11, 1996 at 11:52 p.m.  For purposes of compliance, the Election Officer will consider the fax to have been received on September 12.  Therefore, Local Union 5 had until September 17, 1996 to comply with Mr. Spearman’s request in a timely manner.[1]  After receiving a copy of the protest from the Election Officer on October 8, 1996, it sent a work- site list to the Stand Up for Teamsters slate on October 11, 1996. 

Robert Spearman

October 22, 1996

Page 1

2.              Local Union 311

Local Union 311 states that it received a request from the Stand Up for Teamsters slate at 2:55 a.m. on September 12, 1996.  Mr. Spearman’s fax confirmation sheet verifies this information.  For purposes of compliance, the Election Officer will consider the fax to have been received on September 12.  Therefore, Local Union 311 had until September 17, 1996 to comply with Mr. Spearman’s request in a timely manner.  Local Union 311’s internal records indicate that it mailed the protester its work-site list on September 16, 1996, within the five-day period.  After receipt of the protest, Local Union 311 sent the protester another work-site list via certified mail on October 11, 1996. 

3.              Local Union 322

Local Union 322 states that it never received Mr. Spearman’s request. 

Mr. Spearman’s fax confirmation sheet indicates receipt by Local Union 322 on September 12, 1996 at 2:35 a.m.  For purposes of compliance, the Election Officer will consider the fax to have been received on September 12.  Therefore, Local Union 322 had until September 17, 1996 to comply with Mr. Spearman’s request in a timely manner.  After receipt of

Mr. Spearman’s protest, the local union mailed Mr. Spearman and the Stand Up for Teamsters slate its work-site list on October 8, 1996.

4.              Local Union 568

Local Union 568 states that it never received Mr. Spearman’s request. 

Mr. Spearman’s fax confirmation sheet indicates receipt by Local Union 568 on September 12, 1996 at 12:33 a.m.  For purposes of compliance, the Election Officer will consider the fax to have been received on September 12.  Therefore, Local Union 568 had until September 17, 1996 to respond to the protester’s request in a timely manner.  After receipt of

Mr. Spearman’s protest, the local union mailed Mr. Spearman and the Stand Up for Teamsters slate its work-site list on October 8, 1996.

5.              Local Union 822

Local Union 822 states that it never received Mr. Spearman’s request. 

Mr. Spearman’s fax confirmation sheet indicates receipt by Local Union 822 on September 12, 1996 at 2:33 a.m.  For purposes of compliance, the Election Officer will consider the fax to have been received on September 12.  Therefore, Local Union 822 had until September 17, 1996 to respond to the protester’s request in a timely manner.  Local Union 822 mailed the work-site list on October 14, 1996, after receipt of Mr. Spearman’s protest.

6.              Local Union 901

Robert Spearman

October 22, 1996

Page 1

Local Union 901 states that it received a request from the Stand Up for Teamsters slate by fax on September 12, 1996.  Mr. Spearman’s fax confirmation sheet verifies this information, adding that the request was received at 12:52 a.m.  For purposes of compliance, the Election Officer will consider the fax to have been received on September 12.  Therefore, Local Union 901 had until September 17, 1996 to comply with Mr. Spearman’s request in a timely manner.  Local Union 901 mailed the protester its work-site list on September 20, 1996.  The local union explains that the delay was caused by the fact that the principal officer was away from the local union and that the staff waited for his return in order for him to authorize the mailing of the list. 

7.              Local Union 920

Local Union 920 states that it never received Mr. Spearman’s request. 

Mr. Spearman’s fax confirmation sheet indicates receipt by Local Union 920 on September 12, 1996 at 1:01 a.m.  For purposes of compliance, the Election Officer will consider the fax to have been received on September 12.  Therefore, Local Union 920 had until September 17, 1996 to comply with Mr. Spearman’s request in a timely manner.  After a request by the Regional Coordinator, Local Union 988 mailed Mr. Spearman and the Stand Up for Teamsters slate its work-site list, which includes the former Local Union 920, on October 15, 1996.

8.              Local Union 997

Local Union 997 states that it received a request from the Stand Up for Teamsters slate at 1:14 a.m. on September 12, 1996.  Mr. Spearman’s fax confirmation sheet verifies this information.  For purposes of compliance, the Election Officer will consider the fax to have been received on September 12.  Therefore, Local Union 997 had until September 17, 1996 to comply with Mr. Spearman’s request in a timely manner.  Local Union 997 mailed the protester its work-site list on September 19, 1996 via certified mail, two days after the five-day deadline.  The Stand Up for Teamsters slate received the list on September 30, 1996.  After receipt of the protest, Local Union 997 sent a second copy of the list on October 8, 1996.

Local Union 997 states that it mailed its work-site list within the five days as required by the Rules.  As stated in footnote 1, supra, the Rules define “day(s)” as calendar days, not business days.  The  Election Officer finds that Local Union 997 violated the Rules by failing to provide the requested work-site lists within the five days set forth in the Rules.

Accordingly, because Local Unions 5, 322, 568, 822, 901, 920 and 997 failed to respond to the protester’s request in a timely manner, the protest is GRANTED as to those local unions.  The protest is DENIED as to Local Union 311.

When the Election Officer determines that the Rules have been violated, she “may take whatever remedial action is appropriate.”  Article XIV, Section 4.  In fashioning the appropriate remedy, the Election Officer views the nature and seriousness of the violation, as well as its potential for interfering with the election process.

Robert Spearman

October 22, 1996

Page 1

The Election Officer finds that Local Unions 5, 322, 568, 822, 901, 920 and 997 cited in this protest have provided work-site lists to Mr. Spearman.  These local unions are directed to timely comply with any further requests for information made in accordance with the Rules.

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

J. Griffin Morgan, Regional Coordinator