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Office of the Election Supervisor for the International Brotherhood of Teamsters

 

 

 

 

 

 

 

 

 

 

 

 

December 5, 1996

 

VIA UPS OVERNIGHT

 


Alan W. Dennis

December 5, 1996

Page 1

 

 

Alan W. Dennis

9619 Javert Street

Boynton Beach, FL  33436

 

John Sullivan, Associate General Counsel

International Brotherhood of Teamsters

25 Louisiana Avenue, N.W.

Washington, DC  20001


Jack Barmon

2610-E S. Arlington Mill Drive

Arlington, VA  22206

 

Ron Carey Campaign

c/o Nathaniel Charny

Cohen, Weiss & Simon

330 W. 42nd Street

New York, NY  10036


Alan W. Dennis

December 5, 1996

Page 1

 

 

Re:  Election Office Case No. P-1302-IBT-SEC

 

Gentlemen:

 

Alan W. Dennis, a member of Local Union 769, 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) alleging that IBT Staff Attorney Jack Barmon used IBT funds and resources, in violation of the Rules, while campaigning in southern Florida for the reelection of General President Ron Carey.[1]  Specifically, Mr. Dennis alleges that: 

(1) Mr. Barmon has been an IBT employee for less than one year and therefore could not legitimately have accrued three weeks of vacation, which Mr. Barmon claimed to be using for his campaigning; (2) the IBT provided Mr. Barmon with transportation to Florida for campaigning; (3) the IBT paid for Mr. Barmons accommodations in Florida; and

(4) Mr. Barmon improperly used his position as IBT Attorney to bully his way onto the premises of employers in order to campaign.

 


Alan W. Dennis

December 5, 1996

Page 1

 

 

Mr. Barmon responds that the protest is untimely.  He further responds that he used three weeks of vacation to campaign in Florida for Mr. Carey.  He also states that he continued his campaigning on unpaid leave after his vacation time expired.  Mr. Barmon denies using IBT funds or resources for travel or accommodations, and he denies using his position as an IBT attorney to gain access to employer premises.

 

The IBT responds that it approved Mr. Barmons request for three weeks of vacation and that he legitimately took unpaid leave thereafter.  It denies using funds or resources to support Mr. Barmons campaign activity.

 

This protest was investigated by Adjunct Regional Coordinator Maureen Geraghty.

 

Mr. Dennis states that he encountered Mr. Barmon on or about November 7, 1996 at the Riviera UPS facility in West Palm Beach, Florida, where Mr. Barmon was distributing Ron Carey and Carey slate campaign material.  Mr. Dennis alleges that Mr. Barmon told him at that time that he was taking three weeks of vacation in order to campaign.

 

Mr. Dennis filed this protest 14 days later, on November 21.  He stated to the investigator that he wanted time to mull over the decision to file a protest and only did so after talking to someone else about Mr. Barmons campaign activities.  He further stated that he had no evidence of misuse of IBT funds or resources, but wanted to make sure that Mr. Barmons trip was legitimate.

 

Article XIV, Section 2(b) of the Rules requires protesters to file within two (2) working days of the day when the protestor becomes aware or reasonably should have become aware of the action protested.  The short time limits are important to ensure that alleged violations of the Rules are quickly brought to the attention of the Election Officer in order to afford the greatest opportunity for applying an effective remedy if a violation is found.

 

Mr. Dennis reasons for delaying his filing for two weeks (nine working days) are not sufficient to excuse untimeliness under 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

 


Alan W. Dennis

December 5, 1996

Page 1

 

 

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

Maureen Geraghty, Adjunct Regional Coordinator             

 


[1]Mr. Barmon is also a member of Local Union 728.