February 22, 1996
VIA UPS OVERNIGHT
Jeffrey Hoke
February 22, 1996
Page 1
Jeffrey Hoke
6606 Chapel Hill Road
Borden, IN 47106
Tim Thompson
Teamsters Local Union 89
3813 Taylor Boulevard
Louisville, KY 40215
Larry Wolfe
Teamsters Local Union 89
3813 Taylor Boulevard
Louisville, KY 40215
Jeffrey Hoke
February 22, 1996
Page 1
Re: Election Office Case No. P-364-LU89-SCE
Gentlemen:
A 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 Jeffrey A. Hoke, a member of Local Union 89 and delegate candidate on the “Hourly Workers Slate,” against Local Union 89 Business Agents Larry Wolfe and Tim Thompson. Mr. Thompson is a member of a rival “Lon E. Fields, Sr./Ron Carey Slate.” Mr. Hoke alleges that Mr. Wolfe and Mr. Thompson distributed campaign materials for the “Lon E. Fields, Sr./Ron Carey Slate” while on time paid for by the union.
The protest was investigated by Regional Coordinator Bruce Boyens.
Mr. Hoke states that he and several other witnesses observed Mr. Wolfe and
Mr. Thompson distributing campaign materials at a United Parcel Service facility in Louisville, Kentucky on January 25, 1996, between 10:15 and 11:00 a.m. Mr. Wolfe and Mr. Thompson admit distributing the materials but respond that they had taken vacation on that day.
Jeffrey Hoke
February 22, 1996
Page 1
“The Rules, at Article VIII, Section 11, broadly protect the right of members to campaign. Campaigning is not permitted during a candidate or member’s working hours or on time that is paid for by the union. See Article VIII, Sections 11(a) and (b).” Kieffer, et al.,
P-327-LU435-RMT, et seq (February 20, 1996). With respect to Mr. Wolfe and Mr. Thompson, the Office Manager/Bookkeeper of Local Union 89 furnished the Regional Coordinator with documentation showing them to be on vacation on January 25, 1996. Mr. Wolfe was on vacation all day. Mr. Thompson was on vacation during the first half of the day, which covers the time period during which he was observed campaigning.
Mr. Wolfe’s protest cites Article XII, Section 1(b)(3) of the Rules, which prohibits the use of union funds, directly or indirectly, in promoting the candidacy of any individual. However, that section must be read in conjunction with Article VIII, Section 11 of the Rules, cited above, which specifically addresses and protects the right to campaign. That section states that “campaigning during paid vacation . . . is . . . not violative of this section.”
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 & 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
Bruce Boyens, Regional Coordinator