Protest Decisions

May 9, 1996

VIA UPS OVERNIGHT

Joylyn Billy

4142 E. 106th Street

Cleveland, OH 44105

Robert J. Sanson, President

Teamsters Local Union 73

3150 Chester Avenue

Cleveland, OH 44114

Re:  Election Office Case No. Post-19-LU73-CLE

Gentlepersons:

A post-election protest was filed pursuant to Article XIV, Section 3(a) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by

Joylyn Billy, a member of Local Union 73 and a successful candidate for delegate.  Ms. Billy states that her opponent in the delegate election, Robert Sanson, had two observers at the ballot count, and that one was paid by an employer and the other was paid by the local union, in violation of the Rules.  Mr. Sanson states that both of his observers were on paid vacation time.

This protest was investigated by Regional Coordinator Joyce Goldstein.

The ballot count for Local Union 73’s delegate election took place on April 16, 1996.  Mr. Sanson had two observers:  Judith Townsend and Mildred Teriaca.  Ms. Billy contends that Ms. Townsend is an employee of Mr. Coffee and that Ms. Teriaca is an employee of the local union.  Her protest is that Ms. Townsend and Ms. Teriaca were on paid time while they observed, whereas she and her observer were forced to take vacation time.

Mr. Sanson responds that both Ms. Townsend and Ms. Teriaca are employees of Local Union 73, and that they both took paid vacation days on April 16.

Joylyn Billy

May 9, 1996

Page 1

The Election Officer recently stated that “[o]bserving a ballot count is not a campaign activity.  It is activity specifically protected by the Rules, Article X, Section 1.”  Cook,

P-337-LU705-CHI et seq. (May 8, 1996).

Thus, it does not matter whether Ms. Townsend and Ms. Teriaca were on paid time or paid vacation while they were observing.  As observers, their activity was not campaigning.  Therefore, it could not implicate the restriction on local union employee campaigning in Article VIII, Section 11(b) of the Rules,[1] or the restriction on local union campaign contributions in Article XII, Section 3.[2]

For the reason stated above, 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

Joyce Goldstein, Regional Coordinator