Protest Decisions

February 28, 1996

VIA UPS OVERNIGHT

Barry Sawyers

Route 1, Box 302-C

Pinnacle, NC 27043

Jack Cipriani, President

Teamsters Local Union 391

3100 Sandy Ridge Road

Colfax, NC 27235

Re:  Election Office Case No. P-376-LU391-SEC

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

Barry Sawyers, a member of Local Union 391.  Mr. Sawyers alleges that the list of nominated candidates posted under Article II, Section 6(a) of the Rules was posted at the Winston-Salem United Parcel Service (“UPS”) facility in a manner which made it difficult for members to read the names of the candidates of the Working Teamsters for Reform slate.  In addition,

Mr. Sawyers contends that the notice that Local Union 391 was required to post in the Real Teamsters Caucus (“RTC”) case was not posted at the UPS facility.[1]

Local Union Secretary-Treasurer Leonard Reeder responded that he was not aware of any problem with the nomination list posting.  In addition, Mr. Reeder sent out another RTC notice for posting at the UPS facility.

Barry Sawyers

February 28, 1996

Page 1

The protest was investigated by Regional Coordinator J. Griffin Morgan.

Regional Coordinator Morgan went to the UPS facility to inspect the bulletin boards. He found that the RTC notice was posted.  The posting of the nomination list on the bulletin board cited by Mr. Sawyers in his protest did not have the names of the candidates on the Working Teamsters for Reform slate obstructed.  On a second smaller bulletin board, the names of the candidates on the opposing Team 391 slate was partially obstructed.  The Regional Coordinator requested the shop steward post the notice so that all the names were readable.

Since no violations of the Rules as alleged in the protest were found, 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

J. Griffin Morgan, Regional Coordinator