January 16, 1997
VIA UPS OVERNIGHT
Robert Spearman
121 Bybee Drive #D13
McMinnville, TN 37110
Re: Election Office Case No. Post-28-EOH
Dear Mr. Spearman:
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
Robert Spearman, a member of Local Union 480 and a candidate for International vice president-at-large on the Stand Up for Teamsters slate. Mr. Spearman alleges that members of his slate were prevented from parking their vehicles in the parking lot at the ballot count site even though they had been issued a parking permit by Election Office staff. Mr. Spearman also alleges that Stand Up slate candidate Leroy Ellis was ejected from the count site after reacting to the provocations of the parking attendant who denied them access to the parking lot.
This protest was investigated by Protest Chief Benetta Mansfield.
The investigation revealed that on December 12, 1996, at approximately 8:00 a.m.,
Mr. Ellis and other supporters of his slate arrived in a van at the National 4-H Center. The van proceeded toward the parking area at the facility, whereupon the van was stopped by an employee of the 4-H Center who requested the driver to produce a parking pass. According to witnesses, Mr. Ellis exited the van and approached the employee. The investigation revealed that Mr. Ellis threatened the parking attendant and used abusive language towards him.
Robert Spearman
January 16, 1997
Page 1
Mr. Ellis’ unprovoked outburst was witnessed by two other 4-H employees. When signing in for the day, Mr. Spearman reported the incident to Regional Coordinator and Candidate Liaison Peter V. Marks, Sr. Mr. Spearman stated that a confrontation had occurred in the parking lot and that “Leroy went crazy.” Later, when questioned by Mr. Marks in the presence of Count Site Coordinator Dennis Sarsany, Mr. Spearman acknowledged that he had witnessed the incident and that Mr. Ellis had threatened the parking attendant and used obscene language. Based upon this investigation, and the seriousness of the conduct it uncovered, the Election Officer ejected Mr. Ellis from the count site and banned his future entry to the premises.
The Count Rules establish the rights and obligations of observers at the count site. Article V, Section 4 of the Count Rules states that an observer may be banned from the count site for interfering with or obstructing the ballot count process. The Election Officer determined that Mr. Ellis’ actions warranted expulsion because of his threatening and abusive attitude. Such a determination was solely within the discretion of the Election Officer.
Mr. Spearman also alleges that the parking attendant interfered with his slate’s right to park at the count site. Neither the Rules nor the Supplemental Rules establish a candidate or observer’s right to park his or her vehicle in the parking lot of the National 4-H Center. As a result, in protesting the inability of a candidate to park in the count site lot, the protester fails to allege a violation of the Rules or the Supplemental Rules as required by Article XIV, Section 1 of the Rules.
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, D.C. 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