September 28, 1998
VIA FIRST CLASS MAIL
Jimmy Richards
September 28, 1998
Page 1
Jimmy Richards 2875 Ackworth Due West Road Kennesaw, GA 30125
Ron Smith 429 Oldewick Trail Hoschton, GA 30548
Doris Sanders 287 Greenwood Lane Peachtree City, GA 30269
Melba Coffman 1673 Hearthstone Court Jonesboro, GA 30236
Julia Holt, Asst. BA Teamsters Local Union 528 2540 Lakewood Avenue, S. W. Atlanta, GA 30315
Doug Mims 1645 Brantford Drive Tucker, GA 30084 |
| Tom Leedham Campaign Office P. O. Box 15877 Washington, D. C. 20003
James P. Hoffa 2593 Hounds Chase Troy, MI 48098
Kenneth E. Hilbish, President Teamsters Local Union 528 2540 Lakewood Avenue, S. W. Atlanta, GA 30315
Arthur Z. Schwartz, Esq. Kennedy, Schwartz & Cure 113 University Place New York, NY 10003
Bradley T. Raymond, Esq. Finkel, Whitefield, Selik, Raymond, Ferrara, & Feldman 32300 Northwestern Highway Suite 200 Farmington Hills, MI 48334 |
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Jimmy Richards
September 28, 1998
Page 1
Re: Election Office Case No. PR-244-LU528-SEC
Gentlepersons:
Jimmy Richards
September 28, 1998
Page 1
A pre-election protest was filed by Jimmy Richards, a member of Local Union 528, pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”), against Local Union 528 and Julia Holt, business agent of Local Union 528. Mr. Richards alleges that a vehicle leased by Local Union 528 which is used by Business Agent Julia Holt displays campaign materials, specifically Hoffa bumper stickers.
The protest was investigated by Adjunct Regional Coordinator Maureen Geraghty.
There is no factual dispute. Ms. Holt admits affixing Hoffa bumper stickers on the union–leased automobile assigned to her, however, Local Union 528 and Ms. Holt deny any Rules violation.
The Local Union states that it provides automobiles to employees and officers and that their by-laws allow for personal use of the automobiles. They provided a copy if the by-laws to the investigator. The by-laws state, in pertinent part:
In such instances where the Local Union either provides an automobile or provides an allowance for the use of an automobile it is recognized that such officers or employees are required to be on instant call at all times, may be required to garage such car, and are responsible for its safekeeping. Accordingly, for the convenience of the Union as partial compensation for such additional responsibilities, such officers shall be permitted private use of such car on around-the-clock, continuous basis, including private use when the car is not required on Union business.
The Rules at Article VIII, Section 11(c) provide:
Union officers and employees provided with Union-owned or leased cars, if otherwise afforded the right to utilize those cars for personal activities, may use the cars for campaign activities, provided no costs, or expenses incurred as a consequence, of such use are paid out of Union funds or other prohibited sources.
It is no violation for the officers and employees of Local Union 528 including Ms. Holt, who are permitted private use of the automobiles, to display campaign stickers on the union leased automobiles. See Van Der Woude, P-1041-LU194-PNJ (October 28, 1996); Lester, P-1277-LU294-PGH (November 26, 1996).
Based on the foregoing, the protest is DENIED.
Jimmy Richards
September 28, 1998
Page 1
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, 444 N. Captiol 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
cc: Kenneth Conboy, Election Appeals Master
Maureen Geraghty, Adjunct Regional Coordinator