January 4, 1996
VIA UPS OVERNIGHT
Bill Lloyd
January 4, 1996
Page 1
Bill Lloyd
10179 N. 32nd Street
Richland, MI 49083
Pro-Union State
c/o Bernard Marosites
Teamsters Local Union 7
3330 Miller Road
Kalamazoo, MI 49003
Bill Lloyd
January 4, 1996
Page 1
Re: Election Office Case No. P-237-LU007-MGN
Gentlepersons:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by Bill Lloyd, a member of Local Union 7. Mr. Lloyd alleges that an opposing slate of candidates for the local union’s delegate and alternate election used union resources to campaign on its behalf. Specifically, Mr. Lloyd alleges that the “Pro-Union Slate,” headed by Local Union 7 President Bernie Marosites, used union funds to purchase stamps, hats and t-shirts for the slate’s campaign use.
In response, Mr. Marosites and Local Union 7 Recording Secretary Tom Harty, a member of the Pro-Union Slate, deny Mr. Lloyd’s allegations and state that only campaign funds were utilized in the purchase and distribution of campaign materials.
This protest was investigated by Regional Coordinator William Wertheimer.
Local Union 7's delegate and alternate delegate election was held on October 30, 1995.
Bill Lloyd
January 4, 1996
Page 1
Article VIII, Section 11(c) and Article XII, Section 3 of the Rules prohibit the use of union funds for campaigning.
The Election Officer’s investigation included the review of personal checks, billing statements and Local Union 7's check register. The review of these expenditures demonstrated that Mr. Marosites and Mr. Hardy paid for the campaign items through a joint checking account at the Old Kent Bank in Kalamazoo, Michigan or from Mr. Marosites’ personal checking account.
Mr. Lloyd produced no evidence demonstrating that union resources were used to pay for these campaign materials. Based on the foregoing, 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, 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
William Wertheimer, Regional Coordinator