September 9, 1996
VIA UPS OVERNIGHT
Bradley Slawson
September 9, 1996
Page 1
Bradley Slawson
753 133rd Lane, N.E.
Ham Lake, MN 55304
Harold Yates, President
Teamsters Local Union 120
953 Westgate Drive #115
St. Paul, MN 55414
Richard Bennett
Roadway Services, Inc.
1077 George Boulevard
Akron, OH 44309
Mark Heining, Assistant Terminal Manager
Roadway Express
2950 Lone Oak Circle
Eagan, MN 55121
Barbara Leukart
Jones, Day, Reavis & Pogue
901 Lakeside Avenue
Cleveland, OH 44114
Bradley Slawson
September 9, 1996
Page 1
Re: Election Office Case No. P-912-LU120-NCE
Gentlepersons:
Bradley A. Slawson, a member of Teamsters Local 120, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”) alleging that when he was campaigning in the lunch room of Roadway Express on August 25, 1996, management told him that he could not visit or campaign on the premises.
Regional Coordinator Judith Kuhn investigated this protest.
It is an undisputed fact that Mr. Slawson is a candidate for local union recording secretary of Teamsters Local Union 120. It is also undisputed that Mr. Slawson was campaigning for recording secretary on August 25, 1996.
Bradley Slawson
September 9, 1996
Page 1
The Rules only apply to conduct connected to the International union delegate election and the International union officer election. Election procedures for local union officers and other officials are not regulated by the Rules and do not fall under the jurisdiction of the Election Officer. Hurston, P-822-LU952-EOH (June 26, 1996) (Election Officer does not have jurisdic-tion in protest alleging improprieties in connection with the election of local union shop stewards); Engelbert, P-698-LU670-PNW (June 7, 1996). As Mr. Slawson was plainly campaigning for local union office, this protest is not within the Election Officer’s jurisdiction.
Based on the foregoing, 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
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
Judith Kuhn, Regional Coordinator