April 24, 1996
VIA UPS OVERNIGHT
Matthew C. Studd
April 24, 1996
Page 1
Matthew C. Studd
213 Bradyville Road
Woodbury, TN 37190
David K. Tanksley
1523 Pamela Drive
Lavergne, TN 37086
Jim Waggoner
127 Brooksboro Terrace
Nashville, TN 37217
Willie Ellis, Secretary-Treasurer
Teamsters Local Union 327
1006 Russell Street
Nashville, TN 37206
Matthew C. Studd
April 24, 1996
Page 1
Re: Election Office Case No. P-556-LU327-SCE
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election ("Rules") by Matthew C. Studd, a member of Local Union 327 and candidate for delegate on the Rank and File Teamsters for
Ron Carey ("Rank and File") slate. Mr. Studd alleges that Local Union 327 produced an incomplete set of address labels for a mail-out of his slate's campaign literature. The local union admits that it did not prepare labels for all membership codes. The Election Officer deferred the protest for consideration post-election, pursuant to Article XIV, Section 2(f)(2).
This protest was investigated by Regional Coordinator Bruce Boyens.
Mr. Studd's slate mailed campaign literature to Local Union 327's membership on February 23, 1996. The mailing was intended to go to the entire membership. The local union produced 1,653 labels.
Mr. Studd contends, however, that the set of labels produced for the mailing was incomplete. On February 20, he and the other members of his slate met with Local Union 327 Secretary-Treasurer Willie Ellis and viewed a membership roster that listed 1,833 names. The Election Officer's ballot mailing, made on February 21, totaled 1,878.
Matthew C. Studd
April 24, 1996
Page 1
The local union's TITAN operator stated that she did not prepare labels for addresses known to be incorrect or for the "I" membership code.
Local Union 327 is entitled to elect two delegates and one alternate delegate. The Rank and File slate was full (consisting of a candidate for every position). There was one other full slate, the Hodgin/Neal slate for Ron Carey ("Hodgin/Neal"). There were no independent candidates.
Ballots were counted on March 13, 1996. The official election tally sheet shows that 670 ballots were cast, of which 601 were counted. There were 15 void ballots and 54 unresolved challenged ballots. The challenges were left unresolved because the number was too small to affect any of the election results. The ranking of candidates was as follows:
Delegate
Rank Name Votes Slate or Independent
1 Matt Studd 354 Rank and File
2 Jim Waggoner 335 Rank and File
3 Jimmy Neal 259 Hodgin/Neal
4 Dave Hodgin 242 Hodgin/Neal
Alternate Delegate
Rank Name Votes Slate or Independent
1 David L. Tanksley 342 Rank and File
2 Doug Fann 246 Hodgin/Neal
This protest is being considered in a post-election context. Under Article XIV, Section 3(b) of the Rules,
Such protests shall only be considered and remedied if the alleged violation may have affected the outcome of the election, except that any timely protest alleging improper threats, coercion, intimidation, acts of violence or retaliation for exercising any right protected by the Rules shall be considered and remedied without regard to whether the alleged violation affected the outcome of an election.
In this matter, the protester and his slate won Local Union 327's delegate election. Therefore, the local union's alleged violation of the Rules with respect to the address labels it produced for Mr. Studd's slate's campaign mailing could not have affected the outcome.
Accordingly, the protest is DENIED.
Matthew C. Studd
April 24, 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 & 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 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