September 18, 1998
VIA FIRST-CLASS MAIL
Homer Lambert, Jr.
September 18, 1998
Page 1
Homer Lambert, Jr.
30 W. 168th Briar Lane
Naperville, IL 60563
Chester Glanton, President
Teamsters Local Union 743
300 S. Ashland Avenue
Chicago, IL 60607
Homer Lambert, Jr.
September 18, 1998
Page 1
Re: Election Office Case No. PR-179-LU743-NCE
Gentlemen:
Homer Lambert Jr., a member of Local Union 743, 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”) against Chester Glanton. Mr. Glanton is the president of Local Union 743 and a candidate for at-large vice president. Mr. Lambert alleged that Mr. Glanton used Local Union 743 funds to influence the rerun election. Mr. Glanton and Local Union 743 denied the allegation.
The protest was investigated by Regional Coordinator Judith E. Kuhn.
The investigation disclosed that Rich Delgado, also a member of Local Union 743, served on the union committee selected to negotiate a successor collective bargaining agreement for the employees of the Central States Pension Fund. Mr. Delgado was one of 15 union members who assisted in the negotiations ended April 16, 1997. Local Union 743 executed a collective bargaining agreement with Central States Pension Fund in January, 1998. On June 24, 1998, Mr. Delgado received a check from Local Union 743 in the amount of $100.00.
The face of the check indicates it was reimbursement for expenses of committee members in connection with the negotiations. Mr. Delgado estimates that he received the check “on a Thursday in early July.” On July 22, 1998, the day after the protester was informed that Mr. Delgado received the check, he filed the protest.
Homer Lambert, Jr.
September 18, 1998
Page 1
Evidence was provided showing that, during the past six years, Local Union 743 issued checks to union members serving on 12 other negotiation committees to provide compensation for miscellaneous expenditures. The amounts varied, according to Local Union 743, depending on the location and number of the bargaining sessions, as well as the costs for such items as meals and parking. The records further show that all members who served on the same negotiating committee were paid the same amount, which was similar to the amount paid to Mr. Delgado and the members of his committee. In each case examined, the checks were issued months after the collective bargaining agreement had been settled and signed.
Article XII, Sections 1(a) and 1(b)(1) prohibit a labor organization from making any campaign contributions to a candidate. The Rules define campaign contributions to include “any direct or indirect contribution of money or other thing of value where the purpose, object or foreseeable effect of that contribution is to influence the election of a candidate.” Rules, Definitions, 5. The evidence shows that the reimbursement of expenses to bargaining committee member Delgado was consistent with past practice and failed to establish that a violation of the Rules occurred.
For the foregoing reasons, the protest is DENIED.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within one (1) 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, 444 North Capitol Street, NW, Suite 445, Washington, DC 20001, Facsimile
(202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Michael G. Cherkasky
Election Officer
MGC:mk
cc: Kenneth Conboy, Election Appeals Master
Judith E. Kuhn, Regional Coordinator