November 16, 1998
VIA FIRST CLASS MAIL
David A. Eckstein
November 16, 1998
Page 1
David A. Eckstein
35 E Street, NW, #110
Washington, DC 20001
Sam Carter
Executive Assistant to Acting
General President Tom Sever
Int’l Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
Tom Sever, Acting General
President/Secretary-Treasurer
Int’l Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
Tom Leedham Campaign Office
P.O. Box 15877
Washington, DC 20003
David L. Neigus
Acting General Counsel
Int’l Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
Theresa Sherman
General President’s Office
Int’l Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
David A. Eckstein
November 16, 1998
Page 1
Re: Election Office Case No. PR-293-IBT-EOH
Gentlepersons:
David Eckstein, a member of Local Union 661, IBT Director of Field Services, and a candidate for International Trustee on the Tom Leedham Rank and File Power Slate (“Leedham Slate”), 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 Sam Carter, Executive Assistant to the General President. Mr. Eckstein alleges that Mr. Carter sent a member of his staff, Teresa Sherman, to the Kroger and Carhaul training sessions conducted by Field Services on September 9 and 10, 1998, to intimidate the protester and his staff and in further retaliation against him.
David A. Eckstein
November 16, 1998
Page 1
Mr. Carter admits sending Ms. Wright to the meetings but denies that it was in violation of the Rules.
The protest was investigated by Election Office Staff Attorney Peter F. Gimbrère.
The investigation revealed that Mike Murphy, an employee in Field Services, invited
Mr. Carter to the training sessions. In the past, Field Services had occasionally asked Aaron Belk, the former executive assistant, to attend such sessions. Mr. Belk would make a short speech and then leave after the introductions were completed. Mr. Eckstein stated that no one in Mr. Carter’s capacity had previously sat through a meeting and taken notes.
While Ms. Sherman took notes for Mr. Carter at the meeting, she did not speak or intervene in any way. Mr. Eckstein states nevertheless that her being there stifled opinions in the meeting. Mr. Eckstein admitted these sessions were not about opinions concerning the International Officer Rerun Election and the opinions expressed in the meetings were not political.
As the Election Officer reiterated in Eckstein, PR-135-IBT-EOH (August 14, 1998), aff’d, 98 - Elec. App. - 369 (KC) (September 8, 1998), the union has a right to conduct its legitimate ongoing business and to set its priorities. As the Election Officer first stated in Robbins, P-013-IBT-SCE (Merger of Specific Local Unions) (June 30, 1995), aff’d, 95 - Elec. App. - 3 (KC) (July 26, 1995).
It is not the role of the Election Officer to scrutinize the general policy decisions of the International Union, except as they relate to [his] grant of authority. The Election Officer, therefore, only would find a violation if there is evidence of a nexus arising to a violation of the Rules . . . .
Here, the protester has not provided any evidence that Mr. Carter sent Ms. Sherman to these training sessions for retaliatory reasons. Indeed, Mr. Carter was invited to the sessions and sent Ms. Sherman to take notes. Just because business is conducted differently under a new Executive Assistant does not render the conduct retaliatory. The protester has presented no evidence (other than his subjective beliefs) to support his claim.
Accordingly, 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:
David A. Eckstein
November 16, 1998
Page 1
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
cc: Kenneth Conboy, Election Appeals Master