November 21, 1996
VIA UPS OVERNIGHT
Steve Ryan & Tim McDaniel
November 21, 1996
Page 1
Steve Ryan
21860 W. Hacienda Drive
Grass Valley, CA 95949
Tim McDaniel
10038 Biscanewoods Way
Sacramento, CA 95827
Cliff Webb, Secretary-Treasurer
Teamsters Local Union 150
7120 East Parkway
Sacramento, CA 95823
Dave Lowman
Teamsters Local Union 150
7120 East Parkway
Sacramento, CA 95823
Ron Carey Campaign
c/o Nathaniel K. Charny
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond,
Ferrara & Feldman
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334
John Sullivan, Associate General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
Steve Ryan & Tim McDaniel
November 21, 1996
Page 1
Re: Election Office Case Nos. P-1149-LU150-CSF
P-1167-LU150-CSF
Gentlemen:
Related pre-election protests were filed pursuant to Article XIV, Section 2(b) of the
Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by Steve Ryan and Tim McDaniel, both members of Local Union 150. In P1149-LU 150-CSF,
Mr. Ryan alleges that Cliff Webb, secretary-treasurer of Local Union 150, determined that he was ineligible to run for local union office and visited his employer, Norcal Produce (“Norcal”), in order to inquire about his employment status in retaliation for his support of Ron Carey, incumbent general president and a candidate for reelection. In P-1167-LU 150-CSF,
Steve Ryan & Tim McDaniel
November 21, 1996
Page 1
Tim McDaniel also alleges that Mr. Webb determined that Steve Ryan, Bob Ream and John Platt were ineligible to run for local union office because of their support for the entire Ron Carey No Corruption-No Dues Increase Slate. Mr. McDaniel alleges that Mr. Webb is a supporter of James P. Hoffa. Mr. McDaniel argues that Mr. Webb has violated the Rules since he has “hindered and interfered with the rights of Teamster members in the IBT election and with support for the Ron Carey Slate within Local Union 150.”
Mr. Webb denies that his actions were retaliatory. He maintains that he made the eligibility determinations regarding Messrs. Ryan, Ream and Platt based on requirements stated in the IBT Constitution. Additionally, regarding his visit to Mr. Ryan’s employer, Norcal,
Mr. Webb asserts that investigators from the Department of Labor, the entity supervising the local union officer election, requested that he verify whether Mr. Ryan was employed by Norcal.
The protest was investigated by Regional Coordinator Matthew D. Ross.
Messrs. McDaniel, Ryan, Ream and Platt are members of the “Steve Ryan and the Local 150 Carey Slate” running in Local Union 150’s officer election.
Under the Rules, the Election Officer has the authority to supervise all phases of the International union delegate and officer election, including jurisdiction to hear and determine with the Election Appeals Master, protests and appeals concerning these elections. In this regard, the Election Officer ensures that “all Union members retain the right to participate in campaign activities, including the right to run for office, to support or oppose any candidate, to aid or campaign for any candidate and to make personal campaign contributions.” Thus, retaliation against a union member for exercising his/her rights to support a slate of candidates for International union office is prohibited. However, the Election Officer’s jurisdiction does not extend to the supervision of local union officer elections, including the campaign activities of candidates running for local union office.
The Election Officer finds that the protesters’ bid for local union office as the “Local 150 Carey Slate” and Mr. Webb’s actions protested here squarely relate to Local Union 150’s officer election and are, therefore, beyond the scope of her jurisdiction. There is no evidence that the alleged actions by Mr. Webb were in retaliation for the protesters’ support of Mr. Carey.
Based on the foregoing, the protests are 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:
Steve Ryan & Tim McDaniel
November 21, 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
Matthew D. Ross, Regional Coordinator