Protest Decisions

March 21, 1996

VIA UPS OVERNIGHT

Ralph Harrison

March 21, 1996

Page 1

Ralph Harrison

68 Overbank Drive

Oshawa, Ontario L1J 7Y8

John Burt, President

Teamsters Local Union 230

55 Nugget Avenue, Suite 214

Scarborough, Ontario M1S 3L1

Ben Loughlin, Sec.-Tres.

Teamsters Local Union 230

55 Nugget Avenue, Suite 214

Scarborough, Ontario M1S 3L1

Ralph Harrison

March 21, 1996

Page 1

Re:  Election Office Case No. P-596-LU230-CAN

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 Ralph Harrison, a member of Local Union 230 and candidate for delegate on the Maze/Harrison/Cullingham slate.  Mr. Harrison alleges the Local Union 230 and its secretary-treasurer, Ben Loughlin, violated the Rules by failing to respond on time to his request for information to which he is entitled as a candidate.

This protest was investigated by Regional Coordinator Gwen Randall.

Local Union 230 held its nomination meeting on February 11, 1996.  On February 21, Mr. Harrison delivered a written request to Local Union 230 for:  (1) a work-site list;

(2) information on membership meetings "to be held in other locations outside of the Toronto monthly meeting;" (3) a copy of the autonomy agreement between the IBT and Teamsters Canada; and (4) a copy of the bylaws of Teamsters Canada.

Having received no reply by March 7, Mr. Harrison telephoned the local union office.  He states that the local union acknowledged receiving the request, but they had misplaced it. 

Ralph Harrison

March 21, 1996

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Mr. Harrison then drove to the local union office and met with the local union president, John Burt.  According to Mr. Harrison, Mr. Burt at one point called in Mr. Loughlin, who suggested to

Mr. Harrison that he resubmit his request and then left.  Mr. Harrison continued to complain to

Mr. Burt about the delay, and Mr. Burt then urged Mr. Harrison to fax his resubmission.

Mr. Harrison faxed a copy of his letter to Local Union 230 the following day, March 8.  The local union states that it sent its work-site list to Mr. Harrison by registered mail on

March 11.[1]

The Election Officer finds that these facts state a violation of the Rules.  Article VIII, Section 1(b) provides:

Each delegate candidate . . . shall have the right to a current list of all sites, with corresponding addresses, where any and all Local Union members work.  Requests for such worksite lists shall be made to the Local Union's Secretary-Treasurer or principal executive officer in writing and shall be honored within five (5) days.  Such worksite lists shall be arranged by employer name.

The Election Officer finds that Mr. Harrison complied with this section.  The Rules define "day(s)" as calendar day(s), unless otherwise specified.  Therefore, Local Union 230 was required by the Rules to honor Mr. Harrison's request by February 26.

Having failed to do so, Local Union 230 violated the Rules.  The protest is, therefore, GRANTED.

When the Election Officer determines that the Rules have been violated, she "may take whatever remedial action is appropriate."  Article XIV, Section 4.  In fashioning the appropriate remedy, the Election Officer views the nature and seriousness of the violation, as well as its potential for interfering with the election process.

In assessing the seriousness of this violation, the Election Officer notes that Local

Union 230's noncompliance originally stemmed from misplacing Mr. Harrison's request.  However, the local union made no effort to correct its error.  While it acknowledged receiving his request when Mr. Harrison called the local union on March 7, it had not tried to contact

Ralph Harrison

March 21, 1996

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Mr. Harrison about it.  On March 7, when Mr. Harrison first telephoned and then visited the local union office, the local union was already 10 days out of compliance.  However, instead of copying the work-site list for Mr. Harrison immediately, it forced him to resubmit his request; Mr. Harrison did so the next day by fax, but the local union still took three more days before mailing the list to him on March 11.

There are 93 work sites on Local Union 230's list, covering 1,767 employees.[2]  The number of employees at individual work sites ranges from 1 to 125; the average is 19.  The two-week delay in providing the work-site list came at a critical time in the election process as the protester did not receive the list until just before the ballots were mailed on March 13.  This potentially restricted the protester’s effort to assess, prioritize, and reach a potentially large number of work sites before members received their ballots shows the seriousness of the local union's violation in this matter.

Because Local Union 230's violation deprived Mr. Harrison and his supporters of time to reach a significant number of work sites in person, the Election Officer has fashioned a remedy to allow Mr. Harrison to reach members by mail.

The Election Officer orders Local Union 230 to send to every member of the local union, at its expense, one mailing of campaign material provided to it by Mr. Harrison, if he so chooses.  The literature shall be no longer than a single page, 8½  11 inches, may be printed on both sides but shall be suitable for mailing as a tri-fold.  The literature shall be provided to Local Union 230 by Mr. Harrison and shall be duplicated and mailed by first-class mail by Local Union 230 within two (2) business days of the date the literature is provided to it.  Local Union 230 shall bear the cost of duplication and mailing.

At the time Mr. Harrison provides the literature to Local Union 230 to be duplicated and mailed by Local Union 230, he shall simultaneously provide a copy of such literature to the Election Officer.  Within three (3) days of the date that Local Union 230 duplicates and mails the literature so provided to it by Mr. Harrison, Local Union 230 shall submit an affidavit to the Election Officer demonstrating that the mailing has been accomplished.

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

Ralph Harrison

March 21, 1996

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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

Gwen Randall, Regional Coordinator