December 19, 1995
VIA UPS OVERNIGHT
Richard Lopez
December 19, 1995
Page 1
Richard Lopez
606 N. 6th Avenue
Maywood, IL 60153
Eddie Kornegay, Trustee
Teamsters Local Union 743
300 S. Ashland Avenue
Chicago, IL 60607
Ron Carey, General President
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
Susan Davis
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
Richard Lopez
December 19, 1995
Page 1
Re: Election Office Case No. P-242-LU743-SCE
Gentlepersons:
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
Richard Lopez, a member of Local Union 743, against Eddie Kornegay, trustee of the local union and a candidate for International office on the slate of General President Ron Carey. The protester alleges that by using the phrase “Putting Members First” on various Local Union 743 publications, the local union is promoting the candidacy of Mr. Carey in violation of the Rules. The protester contends this phrase is utilized as Mr. Carey’s campaign slogan.
The protester is particularly concerned with the use of the phrase in the “Voice of 743.” He asserts that because “those words are repeatedly used in all of Ron Carey’s campaign material[.] Ed Kornegay has turned the union’s newspaper into campaign literature by his repeated use of these words.”
Richard Lopez
December 19, 1995
Page 1
The charged party responds that use of this phrase does not represent campaigning by Local Union 743 on behalf of Mr. Carey. The IBT, according to Mr. Kornegay, first used this phrase in the spring of 1994 when the union proposed a dues increase more than six months before Mr. Carey became a candidate for office.[1] Furthermore, Mr. Kornegay asserts, “Putting Members First” is a generic trade union slogan which does not belong to any one individual or group.
Like Mr. Kornegay, the IBT claims that the phrase “Putting Members First” has a universal component, akin to “Organize the Unorganized,” or “A Strong Union Includes Everyone.” They contend that the use of the phrase by the International union predates
Mr. Carey’s campaign, citing the March 1994 issue of the IBT magazine New Teamster as an example.[2] According to the IBT, other local unions under trusteeship have used the phrase on their publications.
The protest was investigated by Regional Coordinator Bruce Boyens.
Article VIII, Section 8(a) of the Rules prohibits the use of union-financed publications or communications “to support or attack any candidate or the candidacy of any person.” See also Article XII, Section 1(b)(3). Article VIII, Section 11(b) makes clear that while union members, including officers, are free to endorse candidates, this can only be done in the member’s “individual capacity.” The provision continues: “The Union or a Local Union as such . . . may not endorse or otherwise advance a candidacy, even if all members agree on the endorsement or candidacy.”[3]
Local Union 743 was placed in trusteeship by the International union on August 22, 1994. The Election Officer’s investigation revealed that Mr. Kornegay began using the phrase “Putting Members First” on materials published by the local union in September of 1994.
Mr. Carey became a candidate for general president in October 1994. Martin, et al., P-010-IBT-PNJ, et seq. (August 17, 1995), aff’d, 95 - Elec. App. - 18 (KC) (October 2, 1995).
Mr. Kornegay became a candidate for International office on the Ron Carey slate in August 1995.
The phrase “Putting Members First” is on the Carey slate campaign stationery and prominently displayed on Carey campaign bumper stickers. Regardless of any other activities
Richard Lopez
December 19, 1995
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in which this phrase may be used, there is no question that it was adopted as a slogan by the Carey campaign.
The protester submitted to the Election Office the following materials published by Local Union 743: the September/October 1995 issue of the local union’s newspaper, “Voice of 743;” two “Action Updates,” a newsletter for local union leaders, dated January 6, 1995 and November 10, 1995; an undated “Safety and Health Update” published for the general membership; and an “Open Letter to the Members of Local 743” from Mr. Kornegay, dated January 5, 1995. With the exception of the last document, all of the publications have the words “Putting Members First” featured in bold print on the top or bottom of the first page. Mr. Kornegay’s letter describes actions taken by the local union during his trusteeship, such as the hiring of new staff and the creation of new publications, and states that “[t]hese changes are part of our effort to ‘Put Members First.’” None of these publications refers to the election of International officers or the candidacies of Mr. Carey or Mr. Kornegay.
Although in the publications submitted by the protester the phrase “Putting Members First” is not connected to Mr. Carey’s election or the election of his slate, that fact is not determinative of the instant protest. The critical issue is whether or not the use of the phrase at all constitutes an endorsement of Mr. Carey’s candidacy and his slate by Local Union 743.
The Election Officer has consistently prohibited a local union, or the executive board of a local union, from endorsing a candidate or slate of candidates. See Gebow, P-963-LU677-ENG (October 14, 1991), aff’d as modified, 91 - Elec. App. - 212 (SA) (October 28, 1991);[4] Custer, P-1098-LU673-CHI (November 18, 1991)[5].
In the instant protest, there is no question that the publications at issue were produced with union funds. The phrase “Putting Members First” is linked directly with Local
Union 743 by dint of its placement on the first page of each publication or, in the case of
Mr. Kornegay’s letter, by associating “Putting Members First” with his accomplishments as local union trustee. Mr. Kornegay is a trustee appointed by Mr. Carey and a candidate for International office on the Carey slate. Looking at these factors cumulatively, the Election Officer finds that use of the phrase “Putting Members First” on publications of Local
Richard Lopez
December 19, 1995
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Union 743 represents an endorsement of Mr. Carey’s candidacy by the local union, in violation of the Rules.
Accordingly, the protest is GRANTED.
When the Election Officer determines that the Rules have been violated, she “may take whatever remedial action is appropriate.” Article XIV, Section 4. The Rules provide a wide range of examples of possible remedies, without providing any limitations.
In this case, the Election Officer recognized that Mr. Kornegay began using the phrase “Putting Members First” prior to Mr. Carey’s candidacy and prior to becoming a candidate on the Ron Carey slate. The Election Officer, therefore, finds a prospective remedy only is appropriate. The Election Officer hereby orders Mr. Kornegay to immediately cease and desist from using the words “Putting Members First” on any and all Local Union 743 communications and publications.
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 and 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 North 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
Bruce Boyens, Regional Coordinator
[1]The Election Officer previously found that Mr. Carey was a candidate beginning in October 1994. Martin, et al., P-010-IBT-PNJ (August 17, 1995), et seq., aff’d, 95 - Elec.
App. - 18 (KC) (October 2, 1995).
[2]This issue focused exclusively on a membership referendum on a dues increase conducted by the IBT in February and March of 1994. The words “Putting the Members First” were featured on the front cover, and were also found on three inside pages which present the views of members on the proposed increase.
[3]The Rules define “campaign contribution” as including “[a]n endorsement or counter-endorsement by an individual, group of individuals, or entity.” Definitions, 5(f), p. ix.
[4]The executive board of Local Union 677 voted to support the R. V. Durham Unity Team slate. At a local union meeting the next week, this vote was announced, following which the membership voted in favor of a resolution to endorse the Durham slate. The Election Officer found that the votes represented an endorsement of the candidate by the executive board and the local union in violation of the Rules.
[5]The Election Officer found that a notice posted on bulletin boards and other workplace sites which stated that “Teamsters Local 673's Executive Board Unanimously Endorse the Shea-Ligurotis Action Team” violated the Rules.