July 16, 1996
VIA HAND DELIVERY
Patrick Szymanski, et al.
July 16, 1996
Page 1
Patrick Szymanski
Hoffa ‘96 Campaign
Pennsylvania Convention Center
Rooms 103B and 103C
Philadelphia, PA
Carey Campaign
Pennsylvania Convention Center
Rooms 113B and 113C
Philadelphia, PA
Ron Carey, General President
International Brotherhood of Teamsters
Pennsylvania Convention Center
Room 110
Philadelphia, PA
John Sullivan, Associate General Counsel
International Brotherhood of Teamsters
Pennsylvania Convention Center
Room 110
Philadelphia, PA
Patrick Szymanski, et al.
July 16, 1996
Page 1
VIA FACSIMILE
Patrick Szymanski, et al.
July 16, 1996
Page 1
Garnet Zimmerman
Mt. Laurel Ramada
Mt. Laurel, NJ
Fax (609) 273-8562
Don Davies
Mt. Laurel Ramada
Mt. Laurel, NJ
Fax (609) 273-8562
Patrick Szymanski, et al.
July 16, 1996
Page 1
Re: Election Office Case Nos. CONV-9-IBT
CONV-11-IBT
CONV-12-IBT
Gentlemen:
Patrick Szymanski, et al.
July 16, 1996
Page 1
On July 15, 1996, Convention protests were filed pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”). In CONV-9-IBT-NYC, James P. Hoffa, a candidate for general president, alleges that the IBT made an improper campaign contribution during the opening session of the Teamsters 25th International Convention when Mr. Carey, acting as Convention chair, allegedly refused to allow debate on the report of the Credentials Committee, only recognized delegates at microphones located within delegations supporting Mr. Carey, ruled that the Credentials Committee report had been adopted when the “No’s” had actually prevailed, and then refused to recognize any delegate with respect to a division of the house.[1] In CONV-11-IBT-NYC, Garnet Zimmerman, a member of Local Union 31 and delegate, alleges that Mr. Carey refused to recognize him at Convention floor microphone #3 when Mr. Zimmerman wanted to raise a point of order to request a division of the house after the adoption of the Credentials Committee report. In CONV-12-IBT-NYC, Don Davies, a member of Local Union 31 and delegate, alleges that he was prevented from raising such a point of order at floor microphone #3 by several Convention sergeants-at-arms. The Election Officer consolidated these protests for decision because they raise the same issues of the Election Officer’s jurisdiction at the Convention.
These protests were investigated by New York City Protest Coordinator Barbara C. Deinhardt.
Under the Consent Decree, the Election Officer has exclusive jurisdiction over the IBT’s rank-and-file elections to select delegates and alternate delegates to the Teamsters 25th International Convention and to select International officers from among candidates nominated at that Convention. In exercising her jurisdiction, the Election Officer has sole authority over the processes for nominating International candidates from the Convention floor and for voting on those nominations. The Election Officer exercises this authority by conducting the floor nominations, as well as the secret ballot nominations vote at the Convention. She does not, however, preside over any other business at the Convention.
These consolidated protests raise issues with respect to parliamentary procedures used by Mr. Carey as Convention chair to consider the report of the IBT Credentials Committee. The Election Officer finds neither the subject matter of this report nor the procedures by which it was considered to be within her jurisdiction.
The final determination on the credentials of elected delegates to the IBT Convention who participate in the nomination and election process for International officers rests with the Election Officer under the Rules, Article IV, Section 4. The adoption or rejection of the Report of the Credentials Committee does not implicate the nomination and election of International officers, under the Rules. See Moerler, CONV-2-LU63-CLA (June 22, 1991) (The jurisdiction of the Election Officer does not extend to internal IBT matters not shown to affect the nomination and election process.).
Patrick Szymanski, et al.
July 16, 1996
Page 1
The Election Officer has consistently declined to extend her jurisdiction under the Consent Decree to substantive issues concerning how the union should be organized and run. Such matters are internal union matters outside the scope of the Rules. The Election Officer has taken this position recognizing that policy issues within the union are frequently adopted as campaign issues in the campaigns of the International officers. See, e.g., Martin, P-010-
IBT-PNJ (decision on remand) (August 17, 1995) (recognizing parallel debates on “how the IBT should prepare for the future in light of the institutional changes wrought by the Consent Decree and the changes in the national economy” and on “what individuals and groups within the union will hold power over the next four years”). Thus, the Election Officer has denied protests filed over internal union actions which were within the purview of the general president under the IBT Constitution and did not implicate the Rules. See, e.g., Faulkner,
P-293-IBT-CLE (March 25, 1996), aff’d, 96 - Elec. App. - 159 (KC) (April 4, 1996); Wsol, P-095-IBT-CHI (September 20, 1995), aff’d, 95 - Elec. App. - 17 (KC) (October 10, 1995); Leal, P-051-IBT-CSF (October 3, 1995), aff’d, 95 - Elec. App. - 30 (KC) (October 30, 1995).
With respect to the parliamentary processes by which the report was considered, these protests in effect request the Election Officer to sit as Convention parliamentarian. Without a clear connection to the electoral processes under her jurisdiction, however, the Election Officer declines to review Convention parliamentary procedures.
For the foregoing reasons, 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, Pennsylvania Convention Center, Room 204, Facsimile (202) 418-2426. A copy of the protest must accompany the request for a hearing.
Sincerely,
Barbara Zack Quindel
Election Officer
cc: Kenneth Conboy, Election Appeals Master
Barbara C. Deinhardt, New York City Protest Coordinator
[1]Mr. Hoffa also lodges this protest against the Carey Slate, presumably for accepting the alleged campaign contribution of the IBT.