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Office of the Election Supervisor for the International Brotherhood of Teamsters

November 16, 1998




Richard de Vries

November 16, 1998

Page 1


Richard de Vries

1852 S. Allport Street

Chicago, IL 60608


Brian L. Meidel, President

Teamsters Local Union 734

300 S. Ashland Avenue

Room 306

Chicago, IL 60607


Alpha Baking Company

4545 W. Lyndale Avenue

Chicago, IL 60639


Tom Leedham Campaign Office

P.O. Box 15877

Washington, DC 20003


Arthur Z. Schwartz, Esq.

Kennedy, Schwartz & Cure

113 University Place

New York, NY 10003


Deborah Hicks

Human Resources Director

National Baking Company

5001 W. Polk Street

Chicago, IL 60644

Richard de Vries

November 16, 1998

Page 1


Re: Election Office Case No. PR-383-LU734-NCE




Richard de Vries, a member of Local Union 705, 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 Local Union 734.  The protester alleges that Local Union 734 is salting its list of active members with member of management at an employer, Alpha Baking Company (Alpha) in Chicago, Illinois for the purpose of affecting the outcome of the International Officer Rerun Election. The protester additionally alleges that Alpha is making employer contributions through its management personnel, in violation of the Rules.


Local Union 734 responds that members of Alpha management are required to be union members in accordance with the collective bargaining agreement between Local Union 734 and Alpha.


Richard de Vries

November 16, 1998

Page 1


This protest was investigated by Regional Coordinator Judith E. Kuhn.


The protester is active in the Tom Leedham Campaign in Chicago.  He stated he was  informed by employees at Alpha that several people on Local Union 734's membership list are members of management.[1]  The protester did not provide any witnesses regarding this statement or his other allegations.


The Election Officer checked the TITAN status of each of the named individuals and found each to be active members with long histories of dues payments.  Therefore, there is no evidence that any of these persons were added to salt the membership list.


The contract between Alpha and Local Union 734 requires all supervisors to be members of the union.  No provision of the Rules or the IBT Constitution bars supervisors or management personnel from being members of the union and therefore eligible to vote in the International Officer Rerun Election. 


The protester has presented no evidence of improper contributions by any of the named individuals.  Moreover, the Election Office has no record that any of the named individuals made any campaign contributions.


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:


Kenneth Conboy, Esq.

Latham & Watkins

885 Third Avenue, Suite 1000

New York, NY 10022

Fax: (212) 751-4864


Richard de Vries

November 16, 1998

Page 1


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

Judith E. Kuhn, Regional Coordinator





[1] Specifically, the protester stated that Nick J. Nicholas is vice-president of sales; Mike Rosen is manager of Rosen Bakery, a wholly owned subsidiary of Alpha; James R. Palm is president of Service Distribution, a non-union subcontractor engaged in distribution at Alpha; Steve Rosen is plant manager; Edward J. Nosalik is manager of distribution; Sean Sullivan is sales manager; Theodore Kazeos is a salesman; and, John Perakis is a salesman.