November 8, 1996
VIA UPS OVERNIGHT
Jerry Halberg
November 8, 1996
Page 1
Jerry Halberg
7903 S. 124th Street
Seattle, WA 98178
Ron Carey, General President
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
John Sullivan, Associate General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond,
Ferrara & Feldman, P.C.
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334
Ron Carey Campaign
c/o Nathaniel K. Charny
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
Jerry Halberg
November 8, 1996
Page 1
Re: Election Office Case No. P-1102-LU714-PNW
Gentlemen:
Jerry Halberg, a member of Local Union 174, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”). The protester asserts that on October 10, 1996, two unnamed IBT representatives visited Oak Harbor Freight Lines (“Oak Harbor”) for the alleged purpose of promoting an IBT-sponsored political picnic on October 18, 1996. The protester alleges that during their visit to Oak Harbor, the IBT representatives engaged in campaigning by initiating conversations with several rank and file members concerning the reelection of Ron Carey, incumbent general president, on union time. The protester further alleges that the IBT representatives had a “verbal altercation” with two shop stewards, concerning access to the
union bulletin board and the lack of Carey campaign material on the bulletin board.
The protest was investigated by Regional Coordinator Christine M. Mrak.
Jerry Halberg
November 8, 1996
Page 1
The protester did not observe the alleged campaigning by these IBT representatives said to have occurred at Oak Harbor on October 10, 1996. The protester filed this protest based
on conversations he had with members employed at Oak Harbor at the political picnic on October 18, 1996.
To substantiate his allegations, the protester submitted the statement of William McCarty, one of the rank and file members approached by the IBT representatives. Mr. McCarty states that on October 10, 1996, two representatives introduced themselves as representatives of the Carey campaign. He also notes in his statement that he was sitting with his shop steward at the time. Mr. McCarty did not return the investigator’s telephone call. However, Dan Edmundson, the shop steward to whom Mr. McCarty refers in his statement, told the investigator that the IBT representatives only discussed the upcoming voter registration picnic. Mr. Edmundson stated that the IBT representatives did not discuss the bulletin board with them. Similarly, there is nothing in Mr. McCarty’s statement to indicate the bulletin board was mentioned.
The protester also provided the names of Oak Harbor IBT members George Benson and Mike Seiler as witnesses to the alleged campaigning. Mr. Benson stated that he did not have, nor observe, any conversations with the IBT representatives. Mr. Seiler did not return the investigator’s telephone call.
The investigation further revealed that on October, 10, 1996, Dave Eckstein, an International representative, was at the Oak Harbor facility for the purpose of distributing leaflets inviting members to a voter registration picnic. Mr. Eckstein states that he introduced himself as an IBT representative, not a representative of the Carey campaign, while distributing non-campaign leaflets at Oak Harbor. Mr. Eckstein denies that he engaged in campaigning. While at Oak Harbor, Mr. Eckstein admits he had a private conversation with the secretary-treasurer and business manager of Local Union 741 regarding the display of Hoffa campaign material in the local union’s locked, glass-enclosed bulletin board, without granting similar access for the posting of pro-Carey material.
Article XII of the Rules prohibits campaigning by IBT members on union-paid time. The Election Officer finds that there is insufficient evidence to corroborate the protester’s claim that Mr. Eckstein engaged in campaigning while conducting union business (distributing leaflets about the IBT-sponsored voter registration picnic) to members at the Oak Harbor facility.
Mr. Eckstein’s private discussion with the representatives of Local Union 741 did not constitute campaigning.
Based on the foregoing, 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:
Jerry Halberg
November 8, 1996
Page 1
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
Christine M. Mrak, Regional Coordinator