Protest Decisions

              September 10, 1996

VIA UPS OVERNIGHT

James Tol

September 10, 1996

Page 1

James E. Tol

7595 16 Mile Road

Cedar Springs, MI  49319

Willie Smith, Secretary-Treasurer

Teamsters Joint Council 87

2560 Valley Street

Jackson, MS  39204

William Randall Copeland, President

Teamsters Local Union 519

2306 Montclair Avenue

Knoxville, TN  37917

James Tol

September 10, 1996

Page 1

Re:  Election Office Case No.              P-894-JC87-SCE

P-895-LU519-SCE

Gentlemen:

Pre-election protests were filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by James E. Tol, a candidate for International vice president for the Central region on the Stand Up for Teamsters slate.

In P-894-JC87-SCE, Mr. Tol alleges that two members of his slate, Robert Spearman and Kenneth Hollowell, were excluded from participating in a candidate forum sponsored by Joint Council 87 on August 17, 1996.  In response, Joint Council 87 Secretary-Treasurer Willie Smith states that only candidates for International vice president for the Southern region were invited to the forum.  Since Mr. Spearman and Mr. Hollowell are not candidates for this position, they were not invited to participate.

James Tol

September 10, 1996

Page 1

In P-895-LU519-SCE, Mr. Tol alleges that while Mr. Spearman participated at a political forum sponsored by Local Union 519 on August 18, 1996, he was not provided with an equal opportunity to address union members.  In response, Local Union 519 President William Randall Copeland, a member of the Hoffa No Dues Increase slate, states that the forum was intended only for candidates for International vice president of the Southern region.  Mr. Copeland states that Mr. Spearman, a candidate for International vice president-at-large, was mistakenly invited to participate in the forum, and that this mistake was not detected until Mr. Spearman arrived at the meeting.  As a courtesy to Mr. Spearman, however, all of the candidates attending the forum agreed to permit Mr. Spearman the opportunity to address the members for seven minutes, but would not be permitted to participate in the debate or answer questions posed by members at the forum.

These protests were investigated by Regional Coordinator Bruce Boyens.  Because these protests involve similar allegations and parties, they were consolidated for decision by the Election Officer.

1.              Allegations Regarding the Joint Council 87 Forum

In P-894-JC87-SCE, the facts are undisputed.  The evidence shows that only candidates for International vice president of the Southern region were invited to participate, and actually participated, in the forum sponsored by Joint Council 87 on August 17, 1996.

Article VIII, Section 5 of the Rules governs candidate access to membership meetings.  That section reads, in pertinent part, as follows:

(a) The following rules shall govern candidate access to membership meetings:

(3) The Local Union need not allot time for campaigning during any of its meetings.  However, if campaigning during such meetings is permitted, the Local Union shall notify all candidates for the positions for which such campaigning will be permitted of the opportunity to speak at least five (5) days prior to the meeting and shall divide the time equally between those candidates . . . who request any opportunity to speak.

Mr. Tol urges that the Election Officer interpret this provision of the Rules to require unions to notify all candidates for all International officer positions that a campaign opportunity will be made available, and that all candidates for all positions be given an opportunity to campaign, when candidates for one specific office have been afforded such an opportunity.  He states, without citation, that the Election Officer has interpreted the language in Article VIII, Section 5(a)(3) of the Rules to require such broad campaigning rights.

The Election Officer does not interpret the rule in this manner.  The rule clearly states that notice of a campaign opportunity must be given to “all candidates for the positions for which such campaigning will be permitted.”  By its terms, then, the rule limits notice and access to those candidates running for a particular elective office.  In Worley, P-326-

LU572-CLA et seq. (January 28, 1991), former Election Officer Michael Holland found that a single candidate for general president was invited to address a joint council meeting.  In remedying this discriminatory access to the meeting, the Election Officer granted access only to candidates for general president.

James Tol

September 10, 1996

Page 1

Mr. Spearman is a candidate for vice president-at-large and Mr. Hollowell is a candidate for general secretary-treasurer.  Only candidates for International vice president of the Southern region were afforded equal access to Joint Council 87 facilities.  Therefore, Joint Council 87 was not required to invite Messrs. Spearman and Hollowell to the August 17, 1996 forum.

2.              Allegations Concerning the Forum at Local Union 519

In P-895-LU519-SCE, the investigation shows that Local Union 519 held a forum on August 18, 1996 for Southern region vice-presidential candidates.  A special notice invited local union members “to an Open Forum to meet and talk with the International Vice-President Candidates from the Southern Region.”  The local union sent letters to all the candidates for Southern region vice president dated July 31, 1996.  These letters specifically state that only candidates for Southern region vice president would attend the meeting.  On August 2, 1996, the local union also sent a letter to Mr. Spearman inviting him to attend the forum.  Unlike the other letters, the August 2 letter inviting Mr. Spearman to attend the forum states that, “[w]e have invited all Southern Region Vice-President Candidates and At-Large Candidates to appear and would hope that you will accept and speak before our membership.”  Other than

Mr. Spearman, no candidates for vice president-at-large received invitations.

According to Mr. Copeland, Mr. Spearman was invited by mistake.  Mr. Copeland states that Mr. Spearman should not have received the invitation as he was not a candidate for Southern region vice president.[1]

Mr. Spearman attended the August 18 forum.  Also attending were Southern region vice president candidates Mr. Copeland, T.C. Stone, Coleman Davis, Aaron Belk and

Doug Mims.  When Mr. Spearman arrived it was explained to him that the forum was, in fact, only for Southern region vice president candidates.  However, since Mr. Spearman traveled more than 200 miles to attend the forum, it was agreed by the candidates for the Southern region attending the forum that Mr. Spearman should be given the opportunity to address the members for seven minutes, but not be permitted to participate in the debate or answer questions posed by members at the forum.

During the meeting, campaigning was permitted only for those candidates for Southern region vice president, not for the postion of vice president-at-large, the positon sought by

Mr. Spearman.  Nevertheless, Mr. Spearman was afforded an opportunity to address the members for seven minutes in accordance with the decision made by the other candidates.  In these circumstances, Mr. Spearman, who is not a candidate for Southern region vice president, was not deprived of any right to which he is entitled under the Rules.

Accordingly, these protests are DENIED.

James Tol

September 10, 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