January 23, 1996
VIA UPS OVERNIGHT
Daniel H. Carroll, Trustee
Teamsters Local Union 313
6535 Lakewood Boulevard, S.W.
Tacoma, WA 98499
Patrick E. Swanson, Secretary-Treasurer
Teamsters Local Union 313
220 S. 27th Street
Tacoma, WA 98402
Re: Election Office Case No. P-279-LU313-PNW
Gentlemen:
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
Daniel H. Carroll, the trustee of Local Union 313 and a candidate for delegate, against
Patrick E. Swanson, secretary-treasurer of the local union. The protester alleges that
Mr. Swanson did not provide him with a complete and current work-site list for Local
Union 313, in violation of the Rules.
Article VIII, Section 1(b) states that each candidate for delegate, alternate delegate or International office is entitled to “a current list of all sites, with corresponding addresses, where any and all Local Union members work.” This list, to be provided by the secretary-treasurer or other principal officer of the local union, “shall be arranged by employer name.”
Daniel H. Carroll
January 23, 1996
Page 1
Prior to filing his protest, Mr. Carroll corresponded with the Election Officer on November 20, 1995. Mr. Carroll stated that as a candidate for delegate, he had received a job- site list from the local union but believed it was incomplete. Mr. Carroll listed a number of work locations at which he thought Local 313 members were employed and requested the assistance of the Election Officer in obtaining accurate information. He also asked for a complete list of bulletin board locations.
At the direction of the Election Officer, Regional Coordinator Christine Mrak reviewed Mr. Carroll's letter with Secretary-Treasurer Swanson. In a letter to Mr. Carroll dated November 29, 1995, Ms. Mrak set forth Mr. Swanson's response to each work location listed by Mr. Carroll.
Mr. Carroll next corresponded with the Election Officer on December 10, 1995, stating that the information provided in Ms. Mrak's letter was “helpful but incomplete.” Asking the Election Officer to treat his letter as a protest, Mr. Carroll requested “an honest[,] up to date job site list” certified as accurate by the Election Officer.
Mr. Carroll filed a second letter of protest on December 21, 1995, stating that he had just learned that the work-site list originally supplied by Mr. Swanson did not include a location in Woodinville, Washington, where approximately 15 IBT members are employed.
On January 4, 1996, Mr. Swanson submitted an “amended worksite list” to the Election Officer which contained information on each employer included in Mr. Carroll's protests, along with a list showing where the bulletin boards are located at these locations. Mr. Swanson supplied a complete, updated work-site list and bulletin board list to the Election Officer on January 9. The list shows the name and address of the employer and the number of members at that site. The bulletin board list indicates the number of boards at a particular location, the employer's name and address, and the name and title of the local union officer responsible for maintaining postings on the bulletin board(s).
The Election Officer has determined that the most recent work-site list provided by
Mr. Swanson satisfies the requirements of Article VIII, Section 1(b). Based upon
Mr. Swanson’s initial and subsequent failure to provide a complete work-site list, the protest is GRANTED.
Under Article XIV, Section 4, if the Election Officer “determines that the Rules have been violated or that any other conduct has occurred which may prevent . . . a fair, honest, open and informed election, the Election Officer may take whatever remedial action is appropriate.” Such action includes “requiring reimbursement for goods or services.”
In the instant case, the Election Officer directs Local Union 313 to reimburse
Mr. Carroll for the expenses he incurred in faxing a variety of information on job sites to the Regional Coordinator and receiving a lengthy facsimile from the same. The actions caused Mr. Swanson ultimately to properly comply with the Rules. The Regional Coordinator estimates this amount to be $80.00. Within four (4) days of the date of this decision,
Mr. Swanson shall remit to Mr. Carroll from Local Union 313 a check in the amount of $80.00. Within seven (7) days of this decision, Mr. Swanson shall submit to the Election Officer an affidavit signifying his compliance with this directive.
Daniel H. Carroll
January 23, 1996
Page 1
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 M. Mrak, Regional Coordinator