Protest Decisions

              November 22, 1996

VIA UPS OVERNIGHT

Steve MacKay

November 22, 1996

Page 1

Steve MacKay

1627 10th Avenue, W. #3

Seattle, WA  98119

Jon Rabine, President

Teamsters Joint Council 28

553 John Street

Seattle, WA  98109

Robert Hawks, Secretary-Treasurer

Teamsters Local Union 839

2508 W. Sylvester, Suite E

Pasco, WA  99302

John Carter, Secretary-Treasurer

Teamsters Local Union 556

1750 Portland Street

Walla Walla, WA  99362

Steve MacKay

November 22, 1996

Page 1

Re:  Election Office Case No. P-1261-LU556-PNW

Gentlemen:

A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by

Steve MacKay, a member of Local Union 741.  Mr. MacKay alleges that Jon Rabine, president of Joint Council 28 and a candidate for International vice president on the

James Hoffa-No Dues Increase-25 & Out Slate (“Hoffa slate”), used union funds to travel to a union-financed stewards’ training seminar, where he campaigned in violation of the Rules.

Mr. Rabine admits to campaigning at the site of the event but states that the campaigning occurred during a lunch break.

Regional Coordinator Christine M. Mrak investigated the protest.

Steve MacKay

November 22, 1996

Page 1

The investigation revealed that on November 8, 1996 Mr. Rabine flew--at joint council expense--from Seattle to Walla Walla, Washington to speak at a Local Union 556 stewards’ training seminar.  The seminar was held at the Walla Walla Suites motel and paid for by Local Union 556.  Mr. Rabine gave a speech to the seminar attendees about the goals of the joint council.  Several other speakers gave presentations covering a variety of issues.  Mr. Rabine spoke just before the lunch break.

At the beginning of the lunch break, Mr. Rabine spread Hoffa campaign material on a table in the back of the seminar room at which seminar attendees had collected their name tags, folders, and local union coffee mugs that morning, prior to the start of the seminar.  Mr. Rabine then stood up at his table in the seminar room and gave a 30-minute campaign speech. 

The food served in the seminar room was provided by Local Union 556.  According to witnesses, most attendees remained in the seminar room during lunch.

Mr. Rabine asserts that under Article VIII, Section 11(a) of the Rules he had a right to campaign on his lunch break.  His campaigning took place, however, in a room rented by the local union for a legitimate local union event.  His audience was present in that room to attend the seminar.  The local union paid for the lunch served to his audience as he campaigned in the seminar room.  These facts indicate that Mr. Rabine used union resources to campaign at the seminar.

Nor was this campaigning incidental to Mr. Rabine’s official business at the event.  The Election Officer has previously stated that union officers who travel to legitimate union meetings or conferences may attend campaign events in the cities to which they have traveled so long as such participation in campaign activities does not interfere with their attendance at the union function.  See Wise, P-317-LU728-CHI (February 21, 1996); Theodus, P-753-IBT-SCE

(May 22, 1996), Zimmerman, P-780-CAN-SCE (June 20, 1996).   In those cases, the campaign event attended by union officials occurred, however, either before or after the scheduled meeting and away from the facility where the union meeting was held.  In such instances, no union resources were used to assemble, feed or house the audience.  In the present protest, union resources have been so used, in violation of the Rules.

The protester claims that Mr. Rabine campaigned in a similar fashion at other meetings sponsored by local unions under the jurisdiction of Joint Council 28.  He provided no evidence to support this allegation.

Accordingly, the protest is GRANTED as it concerns the Local Union 556 stewards’ training seminar and DENIED in all other respects.

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.

The Election Officer orders the following:

1.  Local Union 556 and Mr. Rabine shall immediately cease and desist from using local union resources to campaign.

Steve MacKay

November 22, 1996

Page 1

2.  Mr. Rabine shall reimburse Local Union 556 for the cost of the lunch provided by Local Union 556.  The local union will provide Mr. Rabine an invoice of the amount within one (1) day of the receipt of this decision, with a copy to the Election Office.[1]  Mr. Rabine will reimburse the local union within two (2) days of the receipt of the amount of the local union’s expenses.  Within two (2) days of making such payment, Mr. Rabine shall file an affidavit with the Election Office showing compliance with this order, including a copy of the check.

3.  Within two (2) days of the date of this decision, Mr. Rabine shall sign and the local union shall post the attached “Notice to Local Union 556 Members” on all bulletin boards at the local union offices.  Within three (3) days of posting the Notice, Local Union 556 shall file an affidavit with the Election Officer demonstrating compliance with this order.

An order of the Election Officer, unless otherwise stayed, takes immediate effect against a party found to be in violation of the Rules.  In Re: Lopez, 96 - Elec. App. - 73 (KC) (February 13, 1996).

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, D.C. 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

Christine M. Mrak, Regional Coordinator

NOTICE TO LOCAL UNION 556 MEMBERS

I recently campaigned at a lunch for a stewards’ training seminar hosted by Local Union 556.  Under the Election Rules, local union resources may not be used for campaigning.  Therefore, it was improper under the Election Rules for the local union to pay the cost of this lunch and my campaign has reimbursed the local union for this lunch event.

______________________                                          ______________________________

Date                                                                                                  Jon Rabine, President

Teamsters Joint Council 28

This is an official notice which must remain posted through December 10, 1996 and must not be defaced or altered in any manner or be covered with any other material.

Approved by Barbara Zack Quindel, IBT Election Officer.