December 5, 1996
VIA UPS OVERNIGHT
Alan W. Dennis
December 5, 1996
Page 1
Alan W. Dennis
9619 Javert Street
Boynton Beach, FL 33436
John Sullivan, Associate General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
Jack Barmon
2610-E S. Arlington Mill Drive
Arlington, VA 22206
Ron Carey Campaign
c/o Nathaniel Charny
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
Alan W. Dennis
December 5, 1996
Page 1
Re: Election Office Case No. P-1302-IBT-SEC
Gentlemen:
Alan W. Dennis, a member of Local Union 769, 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 IBT Staff Attorney Jack Barmon used IBT funds and resources, in violation of the Rules, while campaigning in southern Florida for the reelection of General President Ron Carey.[1] Specifically, Mr. Dennis alleges that:
(1) Mr. Barmon has been an IBT employee for less than one year and therefore could not legitimately have accrued three weeks of vacation, which Mr. Barmon claimed to be using for his campaigning; (2) the IBT provided Mr. Barmon with transportation to Florida for campaigning; (3) the IBT paid for Mr. Barmon’s accommodations in Florida; and
(4) Mr. Barmon improperly “used his position as IBT Attorney to ‘bully’ his way onto the premises of employers” in order to campaign.
Alan W. Dennis
December 5, 1996
Page 1
Mr. Barmon responds that the protest is untimely. He further responds that he used three weeks of vacation to campaign in Florida for Mr. Carey. He also states that he continued his campaigning on unpaid leave after his vacation time expired. Mr. Barmon denies using IBT funds or resources for travel or accommodations, and he denies using his position as an IBT attorney to gain access to employer premises.
The IBT responds that it approved Mr. Barmon’s request for three weeks of vacation and that he legitimately took unpaid leave thereafter. It denies using funds or resources to support Mr. Barmon’s campaign activity.
This protest was investigated by Adjunct Regional Coordinator Maureen Geraghty.
Mr. Dennis states that he encountered Mr. Barmon on or about November 7, 1996 at the Riviera UPS facility in West Palm Beach, Florida, where Mr. Barmon was distributing Ron Carey and Carey slate campaign material. Mr. Dennis alleges that Mr. Barmon told him at that time that he was taking three weeks of vacation in order to campaign.
Mr. Dennis filed this protest 14 days later, on November 21. He stated to the investigator that he wanted time to mull over the decision to file a protest and only did so after talking to someone else about Mr. Barmon’s campaign activities. He further stated that he had no evidence of misuse of IBT funds or resources, but wanted to make sure that Mr. Barmon’s trip was legitimate.
Article XIV, Section 2(b) of the Rules requires protesters to file “within two (2) working days of the day when the protestor becomes aware or reasonably should have become aware of the action protested.” The short time limits are important to ensure that alleged violations of the Rules are quickly brought to the attention of the Election Officer in order to afford the greatest opportunity for applying an effective remedy if a violation is found.
Mr. Dennis’ reasons for delaying his filing for two weeks (nine working days) are not sufficient to excuse untimeliness under the Rules.
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
Alan W. Dennis
December 5, 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
Maureen Geraghty, Adjunct Regional Coordinator
[1]Mr. Barmon is also a member of Local Union 728.