March 12, 1996
VIA UPS OVERNIGHT
Larry Baker, Edward Crabtree
March 12, 1996
Page 1
Larry Baker
P.O. Box 38
Pontiac, IL 61764
E. Edw. Crabtree, Jr.
240 Hickorywood Drive
Decatur, IL 62526
Terry W. Meadows
3040 Turpin Road
Decatur, IL 62521
Diane Hendricks
21 Elm Tree Court
Taylorville, IL 62568
Larry Baker, Edward Crabtree
March 12, 1996
Page 1
Re: Election Office Case Nos. P-532-LU916-SCE
P-546-LU916-SCE
Gentlepersons:
Related pre-election protests were filed pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”) by two members of Local Union 916. In P-532-LU916-SCE, Larry Baker alleges various incidents of improper campaign activity by Terry Meadows, a Local Union 916 business agent and candidate for delegate on the Ron Carey slate. Mr. Baker also alleges that another local union business agent, Diane Hendricks, was present at several of the alleged violations. In
P-546-LU916-SCE, E. Edward Crabtree, Jr. alleges campaign violations against
Mr. Meadows and Ms. Hendricks, which repeat Mr. Baker’s charges.
Because these protests arise from the same set of facts, the Election Officer has consolidated them in this decision.
These protests were investigated by Regional Coordinator Bruce Boyens.
Mr. Baker’s protest alleges that, on four different dates, Mr. Meadows:
(1) campaigned at a meeting with freight employees at the union hall on February 7, 1996;
(2) prepared for and attended a fundraiser on February 13, 1996, while on union-paid time;
Larry Baker, Edward Crabtree
March 12, 1996
Page 1
(3) campaigned at TNT Holland while traveling to attend a class paid for by the local union on February 14, 1996; and (4) spoke to a printer about campaign materials during work hours on February 16, 1996. Finally, Mr. Baker alleges that Local Union 916 hired Ms. Hendricks, another candidate for delegate on the Ron Carey slate, as a business agent solely because she supports Mr. Carey.
In P-546-LU916-SCE, Mr. Crabtree raised general allegations that Mr. Meadows and Ms. Hendricks used local union time, materials and facilities to further their own political interests. When Regional Coordinator Boyens contacted Mr. Crabtree for more detail,
Mr. Crabtree stated that “Larry Baker knows all about this, and he has filed a protest with the EO.” Therefore, the Election Officer will consider Mr. Crabtree’s protest as restating the allegations in Mr. Baker’s protest.
Mr. Baker states that the protests are untimely. On the merits, he denies that he took the actions Mr. Baker alleges as Rules violations.
Article XIV, Section 2(b) of the Rules provides, in pertinent part, that all pre-election protests “must be filed within two (2) working days of the day when the protestor becomes aware or reasonably should have become aware of the action protested or such protests shall be waived.”
Mr. Baker faxed his protest to the Office of the Election Officer on February 24, 1996. This was five working days after February 16, the date of the most recent incident raised by Mr. Baker. It was 12 working days after February 7, the date of the earliest incident.
Mr. Baker’s protest was filed well over two working days from when he knew or should have known of the actions protested. Therefore, the protest is untimely.
Mr. Crabtree faxed his protest to the Office of the Election Officer on February 27, 1996, two working days after Mr. Baker filed his protest. It is also untimely.
Accordingly, the protests are 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
Larry Baker, Edward Crabtree
March 12, 1996
Page 1
Copies of the request for hearing must be served on the parties listed above as well as upon the Election Officer, 400 N. Capitol Street, Suite 855, Washington, DC 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