November 25, 1996
VIA UPS OVERNIGHT
Dan Ward
3608 Echo Valley Circle
LaGrange, KY 40031
Lon E. Fields, President
Teamsters Local Union 89
3813 Taylor Boulevard
Louisville, KY 40215
Re: Election Office Case No. P-1252-LU89-SCE
Gentlemen:
Dan Ward, a member of Local Union 2727, filed a pre-election protest pursuant to
Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) alleging that “associates of Local [Union] 89” engaged in campaigning at UPS in Louisville, Kentucky, on time paid for by the local union.
The local union denies any knowledge of anyone campaigning at the facility at the time alleged by Mr. Ward.
Adjunct Regional Coordinator Joe F. Childers investigated this protest.
The investigation revealed that on November 19, 1996, at approximately 1:00 or
1:30 a.m., Mr. Ward was handed campaign literature by persons he did not know. Mr. Ward is employed at the UPS facility at Standiford Airport in Louisville. While on duty at an airport ramp waiting for airplanes to land, Mr. Ward took an unscheduled break in order to get a cup of coffee. As he was returning to his work area, he was handed campaign literature along with several people who were reporting to work.
Dan Ward
November 25, 1996
Page 1
Local Union 89 Principal Officer Lon E. Fields denies any knowledge as to who may have been campaigning at the airport at 1:00 a.m. on November 19, 1996.
Article VIII, Section 11(b) of the Rules states, in relevant part, that union officers and employees have a right to campaign, however, “such campaigning must not involve the expendi-ture of Union funds. Accordingly, officers and employees (and other members) of the union may not campaign on time that is paid for by the Union.”
Mr. Ward did not provide the Election Officer with any evidence that the people campaigning were campaigning on union time or being paid with union funds.
Article XIV, Section 1 of the Rules states, in relevant part, that “[w]ith respect to any protest, it shall be the burden of the complainant to present evidence that a violation has occurred.” The Election Officer finds that Mr. Ward did not provide any evidence to support this allegation.
For the foregoing reasons, this 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
Joe F. Childers, Adjunct Regional Coordinator