This website uses cookies.
Office of the Election Supervisor for the International Brotherhood of Teamsters

April 12, 1996






Earl Parker

129 Fletcher Ford Road

Fayetteville, GA 30215


Donald Scott, President

Teamsters Local Union 728

2540 Lakewood Avenue, S.W.

Atlanta, GA 30315


Re:  Election Office Case No. Post-008-LU728-SEC




A post-election protest was filed by Earl Parker, pursuant to Article XIV, Section 3 of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (Rules).  Mr. Parker, a member of Local Union 728, was an unsuccessful candidate for delegate.  He was a candidate on the Concerned Teamsters Team slate.


The ballots for the delegate election in Local Union 728 were counted on March 14, 1996.  Mr. Parker believes that the ballots were tampered with by Local Union 728,

President Donald Scott and the IBT.  It is Mr. Parkers further belief that this tampering occurred through the use of multiple post office boxes.  He theorizes that the ballots mailed by his supporters were diverted to another mailbox of which the Election Office has no knowledge.  He requests an opportunity to review the election control roster and the pre-addressed outer envelopes submitted by the members of Local Union 728 who voted in the delegate election.


The protest was investigated by Regional Coordinator J. Griffin Morgan.


Earl Parker

April 12, 1996

Page 1



Pursuant to the Rules at Article III, Section 1(a), it is the duty of the Election Office to mail out the ballots.  Neither the IBT, any local union or any local union officer participates in this process.  The Rules at Article X, Section 4, afford any candidate or slate of candidates the opportunity to inspect the ballot prototype prior to printing and the printers certification number as to the number of ballots printed.  Neither the protester nor his slate availed themselves of this right.


                Under Article X, Section 5 of the Rules, observers are permitted to attend and monitor the entire mailing process.  Representatives of the Concerned Teamsters Team slate accompanied Mr. Morgan to the post office when the ballots were collected.  These same observers zealously scrutinized the marking of the election control roster and were further able to examine the pre-addressed envelopes.  Mr. Morgan did a special check with the post office on March 22, 1996, eight days after the counting of the ballots had been completed.  Only

28 ballots were received at the post office after the deadline.  Over 2,700 ballots were cast.  For both alternates and delegates, the margin between the successful candidates and the runner-ups was approximately 400 votes.


Upon being confronted with this information, the protester could neither provide any details to the alleged ballot tampering scheme nor provide any evidence to demonstrate its existence in fact.


The Rules at Article XIV, Section 1, impose on the protester the initial burden to present evidence that a violation has occurred.  In Re: Chentnik, 95 - Elec. App. - 52 (KC) (January 10, 1996).  Here, the protester has failed to submit any evidence substantiating his allegations.


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


Earl Parker

April 12, 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.






Barbara Zack Quindel

Election Officer



cc:               Kenneth Conboy, Election Appeals Master

J. Griffin Morgan, Regional Coordinator