Protest Decisions

April 9, 1996

VIA UPS OVERNIGHT

Shadrack Goodloe

April 9, 1996

Page 1

Shadrack Goodloe

6128 S. Ellis, 2nd Floor

Chicago, IL 60637

Eddie Kornegay, Trustee

Teamsters Local Union 743

300 S. Ashland Avenue

Chicago, IL 60607

Movement Towards Members Slate

c/o Clinton Fluker

1440 W. 123rd Street

Chicago, IL 60643

Shadrack Goodloe

April 9, 1996

Page 1

Re:  Election Office Case No. P-693-LU743-CHI

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 Shadrack Goodloe, a member of Local Union 743.  Mr. Goodloe alleges that on March 29, 1996, six employees of Local Union 743, five of whom are on the Local 743 Movement Towards Members slate (“MTM slate”), campaigned at various employers and held a campaign meeting at the local union’s office, all on time paid by the local union.  He also alleges that Local Union 743 has a “group campaigning” concept under which local union employees are organized in campaign groups, assigned to campaign at various work sites, and supervised by a “group leader” on the local union staff.

This protest was investigated by Regional Coordinator Bruce Boyens.

Shadrack Goodloe

April 9, 1996

Page 1

1.  Allegations of Campaigning on Local Union Time

Mr. Goodloe alleges that on March 29, 1996, six Local Union 743 employees,[1] five of whom are on the MTM slate,[2] engaged in extensive campaign activity on local union time.  He asserts:

On information and belief all left as a group from the Local 743 offices earlier on the morning of March 29th for purposes of campaigning for themselves and Ron Carey during normal working hours, on time paid for by the local union, and did in fact campaign at companies where members of Local 743 are located.

He further asserts that at 12:15 p.m. he saw the six employees exit a vehicle in the Local Union 743 parking lot and that “[i]n plain view, behind the driver’s seat on the floor of the vehicle, was a large box containing Movement Towards Members (MTM) and Ron Carey campaign flyers and buttons.”  Mr. Goodloe also states that all six employees wore a Carey or MTM slate button, or both, on their coats.

When asked by Regional Coordinator Boyens for details on where the six employees campaigned on March 29, or for witnesses to such campaigning, Mr. Goodloe was unable to supply any information.  To a follow-up question for any evidence, Mr. Goodloe stated that on a different day, before work hours, he witnessed campaigning by some local union employees at his work site at the University of Chicago Hospital.

Mr. Fluker responds that there was a meeting about local union business on the morning of March 29 and that Mr. Goodloe saw the six local union employees leave to start their duties.  He denies that they went off to campaign.  When Mr. Goodloe saw them get out of a vehicle at 12:15, Mr. Fluker believes that they were returning from lunch, but he does not remember for sure.

“Where the parties differ as to material facts, the Election Officer looks to the protestor, who bears the initial burden of proof, to offer evidence substantiating his allegations.”  In Re: Chentnik, 95 - Elec. App. - 52 (KC) (January 10, 1996).  The Election Officer finds that

Mr. Goodloe offered no evidence of campaign activity on March 29.  He witnessed six local union employees leave the local union office in the morning, and in the early afternoon saw them get out of a vehicle in the local union parking lot.  There was campaign material in the vehicle, and the six were wearing campaign buttons.

Shadrack Goodloe

April 9, 1996

Page 1

These actions do not constitute evidence of campaigning.  A protester must meet his or her initial burden of showing some evidence of actual campaigning.  Mr. Goodloe has not met that burden.

With respect to the wearing of campaign buttons, local union officers and employees may do so when not appearing before third parties in a representative capacity that might suggest official support or opposition.  See Advisory on Wearing of Campaign Buttons and Other Emblems, dated September 20, 1995.  On these facts, the six local union employees had a right to be wearing campaign buttons when Mr. Goodloe saw them in the local union’s parking lot.

2.  Allegations of “Group campaigning”

Mr. Goodloe states that he attended some MTM slate strategy meetings in which “group campaigning” was discussed.  He believes that the six local union employees named above constitute a group, headed by Mr. Fluker.  He further states that “[c]ampaigning has become not the primary business of these staff persons of Local 743, but their only business and constitutes such a pervasive pattern of conduct as to impugn the integrity of the process of elections which the Rules are clearly designed to preclude.”

Mr. Fluker states that he has not heard of “group campaigning.”  The Election Officer finds, in any event, that nothing in the Rules prohibits members of a slate and their supporters from organizing themselves in order to campaign so long as the campaigning does not violate the Rules.  In this matter, Mr. Goodloe has asserted a pervasive pattern without putting forth any evidence of actual campaigning, and therefore has not met his initial burden under In Re: Chentnik.

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

Shadrack Goodloe

April 9, 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