December 5, 1996
VIA UPS OVERNIGHT
Rick Glasebrook
December 5, 1996
Page 1
Rick Glasebrook, President
Teamsters Local Union 657
8214 Rough Rider
San Antonio, TX 78239
Tom Moore, Payroll Manager
United Parcel Service
12221 Merit Drive, Suite 1800
Dallas, TX 75258
Martin Wald
Schnader, Harrison, Segal & Lewis
1600 Market Street, Suite 3600
Philadelphia, PA 19103
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
Rick Glasebrook
December 5, 1996
Page 1
Re: Election Office Case No. P-1317-LU657-SOU
Gentlemen:
Rick Glasebrook, president of Local Union 657, 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 UPS has deliberately withheld dues from local union members twice in October and during the fourth week of November, instead of the first week of the month, as provided in the collective bargaining agreement. The protester, an active supporter of Ron Carey and the Carey campaign, alleges this action was taken by UPS to harm him by alienating the local union membership.
UPS Payroll Manager Tom Moore acknowledges that there has been a problem with the local union’s dues-withholding and, after receipt of the protest and reviewing the contract, UPS changed the program to ensure that the dues are deducted in the first week of the month. UPS denies that the actions are intentional or are tied to the International officer election in any way.
Rick Glasebrook
December 5, 1996
Page 1
The protest was investigated by Regional Coordinator Dolores C. Hall.
The protester has not provided any evidence to connect these acts to the International officer election. The protester argues that UPS’s actions must be connected to the election because the only other time he had problems with reconciliation of the dues remittance from UPS was during the delegate election.
In Glasebrook, P-599-LU657-SOU (March 22, 1996), the same protester alleged that UPS contributed to his opponents’ slate by deducting twice the amount of member dues. There, the evidence showed problems with dues deductions throughout the UPS system, but there was no evidence that UPS took these actions “with the intent, object or foreseeable effect of influencing the delegate election.” Here, there is no evidence that UPS deliberately attempted to deduct the dues at the wrong time in an effort to affect the International officer election. The actions taken pertain exclusively to local union contractual issues, which are now apparently resolved.
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
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