September 27, 1995
VIA UPS OVERNIGHT
John F. & Nancy E. Youngermann
September 27, 1995
Page 1
John F. & Nancy E. Youngermann 2033 Willow Trail St. Charles, MO 63303
Joseph A. Galli, Secretary-Treasurer Teamsters Local Union 688 300 S. Grand Avenue St. Louis, MO 63103
Donna Steininger Teamsters Local Union 688 300 S. Grand Avenue St. Louis, MO 63103 |
| John Metz, President Teamsters Joint Council 13 1401 Hampton Avenue St. Louis, MO 63139
International Brotherhood of Teamsters Human Rights Commission 25 Louisiana Avenue, N.W. Washington, DC 20001
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John F. & Nancy E. Youngermann
September 27, 1995
Page 1
Re: Election Office Case No. P-037-LU688-PNJ
Gentlepersons:
A pre-election protest was filed pursuant to Article XIV, Section 2(a) of the Rules for the 1995-96 IBT International Union Delegate and Officer Election Rules (“Rules”) by
John F. and Nancy E. Youngermann, members of Local Union 688, who allege that Local Union 688 Business Representative Donna Steininger engaged in campaign activity in violation
John F. & Nancy E. Youngermann
September 27, 1995
Page 1
of the Rules by distributing campaign buttons at a Teamsters Womens Conference held in
St. Louis, Missouri on May 13, 1995.[1]
Regional Coordinator Peter V. Marks, Sr. investigated the protest.
Protesters allege that during the conference, Ms. Steininger handed out buttons bearing Teamsters logo and the words, “Putting Members First - Galli Team - Making Positive Changes - Teamsters Local 688.”
Ms. Steininger and Local Union 688 Secretary-Treasurer Joseph Galli respond that approximately 12 of the buttons were distributed at the conference to Local Union 688 members. The Local Union 688 representatives state that the buttons were left over from a 1993 election for local union officers and were not distributed as part of a campaign for International Convention delegates or officers. The local union has not yet set a date for the election of Convention delegates. Ms. Steininger and Mr. Galli state that no one from the local union has announced their candidacy for International office or delegate to the International Convention.
The campaign activity regulated by the Rules is activity in support of, or against, a candidate for the International Union delegate or International officer. The buttons distributed by the Local Union 688 representative were for a past local union election of officers and not distributed as part of a campaign for any candidate or candidacy regulated by the Rules.
Accordingly, 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
John F. & Nancy E. Youngermann
September 27, 1995
Page 1
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.
Mudge, Rose, Guthrie, Alexander & Ferdon
180 Maiden Lane, 36th Floor
New York, NY 10038
Fax (212) 248-2655
Copies of the request for hearing must be served on the parties listed above as well as upon the Election Officer, 400 North 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
Peter V. Marks, Sr., Regional Coordinator
Michael D. Gordon, Regional Coordinator
[1]This “reach-back” protest was filed within the 30-day period following the final promulgation of the Rules on April 24, 1995, and alleges violations occurring prior to the issuance of the Rules. The Rules, at Article XIV, Section 2(a), state:
Protests regarding violations of the [Labor-Management Reporting and Disclosure Act, as amended](including violations of the IBT Constitution) allegedly occurring prior to the date of issuance of the Rules and protests regarding any conduct allegedly occurring within the first twenty-eight (28) days after the issuance of the Rules must be filed within thirty (30) days of the date of issuance, or such protests shall be waived.