February 12, 1996
VIA UPS OVERNIGHT
Jerry Halberg
7903 S. 124th Street
Seattle, WA 98178
Teamsters for a Democratic Union
7437 Michigan Avenue
Detroit, MI 48210
Re: Election Office Case No. P-238-TDU-EOH
Gentlemen:
A protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the IBT 1995-1996 International Union Delegate and Officer Election (“Rules”) by Jerry Halberg, a member of Local Union 174. The protester alleges that Teamsters for a Democratic Union (“TDU”) used a contribution from Louie Nikolaidis, Esq., an employer, to make a campaign contribution prohibited by the Rules.
TDU responds that the donation in November 1994 from Mr. Nikolaidis was directed to the Teamster Rank and File Education and Legal Defense Foundation (“TRF”), not TDU.
The protest was investigated by Election Officer Representative Kathryn Naylor.
The 1995 TDU Convention program lists “Louie Nikolaidis, Local 177" as a contributor to “its national organization.” Mr. Nikolaidis is a practicing attorney who possesses a withdrawal card from Local Union 177. Mr. Nikolaidis has sent a letter to the Election Office confirming that he donated $200 to the Teamster Rank and File Educational and Legal Defense Fund.
Jerry Halberg
February 12, 1996
Page 1
The Election Officer recently confirmed in Halberg, Case No. P-019-LU174, et seq. (December 14, 1995) (Decision on Remand), that TRF shares resources with TDU. As part of the investigation in that case, the Election Officer reviewed the financial relationship between TDU and TRF subsequent to the 1991 election period. She also found there that in December 1994, TDU began campaign activity related to the 1996 IBT election. However, the Election Officer held in Halberg, that while TDU and TRF share personnel and resources, they maintain an allocation system that distinguishes between campaign and non-campaign activity to the extent applicable to each organization and ensures that the resources of TRF are not used for campaign activity. There is no evidence contradicting the pertinent findings or holding in Halberg or the assertions of TDU and Mr. Nikolaidis that the contribution from Mr. Nikolaidis was directed to TRF.
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 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 and 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
Christine Mrak, Regional Coordinator