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Office of the Election Supervisor for the International Brotherhood of Teamsters


              August 25, 1998




Robert H. Spearman

August 25, 1998

Page 1


Robert H. Spearman

121 Bybee Drive, D-13

McMinnville, TN  37110


Jim Benson

4444 West Northern Avenue

Suite A-2

Glendale, AZ  85301

David L. Neigus

Acting General Counsel

International Brotherhood of Teamsters

25 Louisiana Avenue, NW

Washington, DC  20001


Robert H. Spearman

August 25, 1998

Page 1


Re:  Election Office Case No. PR-214-IBT-EOH




Robert H. Spearman, a candidate for at-large vice - president, 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”) against Jim Benson, a member of Local Union 104.   Mr. Spearman alleges that Mr. Benson transmitted inaccurate information about his candidacy to the IBT in connection with the campaign pages printed in the July/August issue of the Teamster magazine for 1998.  Mr. Spearman seeks a retraction, an apology, and three additional pages in an unspecified future special issue of the Teamster magazine, all to be provided at Mr. Benson’s expense. 


The protested issue of the Teamster magazine refers to Mr. Benson as a candidate for Southern Region vice - president at the top of page 56.  At the time the magazine went to press, Mr. Benson was an at-large candidate for vice - president.  The error, however, was not due to Mr. Benson.  Rather, the problem occurred during the final printing of the magazine.  Further, by letter of July 13, 1998, Mr. Benson withdrew as a candidate in the rerun election.


Accordingly, the protest is DENIED.


Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within one (1) 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:


Robert H. Spearman

August 25, 1998

Page 1


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, 444 North Capitol Street, NW, Suite 445, Washington, DC  20001, Facsimile (202) 624-3525.  A copy of the protest must accompany the request for a hearing.






Michael G. Cherkasky

Election Officer




cc:              Kenneth Conboy, Election Appeals Master