Protest Decisions

              February 21, 1996

VIA UPS OVERNIGHT

W. Christopher Courter

2538 29th Avenue

San Francisco, CA 94116

Jack Bookter, Secretary-Treasurer

Teamsters Local Union 278

150 Executive Park Boulevard

Suite 4500

San Francisco, CA 94134

Re:  Election Office Case No. P-412-LU278-CSF

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

W. Christopher Courter, a member of Local Union 278 and a candidate for delegate, against

Jack Bookter, secretary-treasurer of the local union and a candidate for delegate on an opposing slate.  The protester asserts that Mr. Bookter changed the location of the local union's general membership meeting scheduled for February 20, 1996 without properly informing the membership.  This action, the protester claims, will result in denying his slate access to the meeting, in violation of the Rules.

The charged party responds that he posted a notice on all union bulletin boards on February 8, 1996 notifying the membership of the correct time, date and location of the

February 20 meeting.

The protest was investigated by Regional Coordinator Matthew D. Ross.

W. Christopher Courter

February 21, 1996

Page 1

In accordance with its bylaws, Local Union 278 holds its general membership meetings on the third Tuesday of each month, beginning at 7:30 p.m.  Through November of 1995, these meetings took place in a facility owned by the Archdiocese of San Francisco.  Due to the closing of this facility in December 1995, the December meeting was held at 150 Executive Park Boulevard, Suite 3200,[1]  a vacant space in the office building where the local union is located, while the January 1996 nomination meeting took place at the Machinists union hall in Burlingame, California.  

The protester states that the local union distributed a pocket calendar for 1996 which contained the dates for the general membership meetings throughout the year, but gave a start time of 7:00 p.m. and failed to provide the location of said meetings.  Mr. Bookter acknow-ledges that the pocket calendar provided an incorrect start time, but contends that this was an honest mistake and the local union will distribute a new pocket calendar with the appropriate correction.

In regard to a location for the general membership meetings, Mr. Bookter states that he placed a notice in the February issue of the Northern California Teamster which provides that the general membership meetings for February and March 1996 will be held at 150 Executive Park Boulevard, Suite 3200, beginning at 7:30 p.m. 

Subsequent to this publication, Mr. Bookter posted a notice on February 8, 1996 on all union bulletin boards which stated that the general membership meeting will be held at 7:30 p.m. on February 20, 1996 at 250 Executive Park Boulevard, Suite 4500.  Mr. Bookter states that he did not include information about the March meeting in this notice because he would prefer to hold this meeting in the local union's building if construction is completed in time in Suite 3200.[2]

Article VIII, Section 5(a)(1) of the Rules states that "[n]o candidate may be denied access to any meeting of the Local Union to which he/she belongs as a member."  The protester contends that Mr. Bookter changed the location of the February 20 meeting in a deliberate attempt to deny his slate of delegates access to the members present at the meeting.

It is obvious that there has been some confusion in Local Union 278 about the location as well as the time of the February 20, 1996 general membership meeting.  However, the investiga-tion conducted by the Election Officer indicates that the confusion resulted from an inadvertent error in the 1996 pocket calendars distributed by the local union and the fact that construction in

Suite 3200 at 150 Executive Park Boulevard would not be completed in time to hold the meeting at that site. 

W. Christopher Courter

February 21, 1996

Page 1

In a letter dated February 15, 1996 to the Regional Coordinator, Mr. Courter enclosed a copy of the notice posted by Mr. Bookter on February 8.  The protester states that the location at 250 Executive Park Boulevard "was inspected on February 14, 1996.  It is a vacant office

suite . . . It appears possible that a meeting could be held at this location."  Mr. Courter also enclosed a copy of a letter he sent to Mr. Bookter in which he requested "a candidate forum and an opportunity to address the membership" at the February 20 meeting, as provided by the Rules.[3]   Mr. Courter stated:  "On the basis of the most recent posting, it is my understanding the location is 250 Executive Park Blvd., Suite 4500."

As Mr. Courter clearly is aware of the correct time and location for the February 20, 1996 general membership meeting, the Election Officer finds that his slate will not be denied access to the meeting in violation of the Rules.  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

Matthew D. Ross, Regional Coordinator