March 18, 1996
VIA UPS OVERNIGHT
Henry Radovanovic & William Ceniti
March 18, 1996
Page 1
Henry Radovanovic
3632 W. 67th Street
Chicago, IL 60629
William S. Ceniti
3609 S. Winchester
Chicago, IL 60609
KNL for Ron Carey Slate
c/o Timothy Casey
P.O. Box 88871
Carol Stream, IL 60188
Henry Radovanovic & William Ceniti
March 18, 1996
Page 1
Re: Election Office Case No. P-543-LU710-CHI
Gentlemen:
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
Henry Radovanovic and William Ceniti. The protesters are members of Local Union 710 and alternate delegate candidates running on the Frank Wsol slate. The protesters allege that the opposing slate in the delegate election, KNL for Ron Carey slate (“KNL”), distributed a flyer soliciting anonymous contributions of U.S. postage stamps for its campaign mailings to Local Union 710 members in violation of the Rules. The protesters contend that KNL has accepted prohibited contributions from employers since there is no way to regulate or record who contributes the stamps. The protesters request that the entire KNL be ruled ineligible to run as delegates and alternate delegates to the 1996 IBT convention.
The protest was investigated by Associate Regional Coordinator Dennis Sarsany.
Timothy Casey, slate leader of the KNL, admits that a flyer requesting contributions of postage stamps was distributed at various work sites by members and supporters of KNL. The pertinent language at issue in the flyer is:
Henry Radovanovic & William Ceniti
March 18, 1996
Page 1
We ask that you help us by providing postage for our mailings. One mailing in postage alone costs over $3,000. We ask that you send us 2 sheets of 1st class self-stick stamps. We don’t need your name or address. No one will know that you helped out. Please give your stamps to one of our candidates or send to:
KNL For Ron Carey
P.O. Box 88871
Carol Stream, IL XXX-XX-XXXX
We thank you in advance for your help. Please send them soon. Sorry, we cannot accept funds or stamps from employers.
As a result of the flyer, KNL received eight books of stamps from four members of Local Union 710 and 20 stamps worth $6.40 from an anonymous source. The 20 stamps donated anonymously were not used for KNL’s only campaign mailing to Local Union 710’s membership on February 29, 1996, which coincided with the mailing of the ballots to the membership. KNL does not intend to do any other campaign mailings and has discontinued its distribution of the flyer. Mr. Casey denies any improper intent to solicit contributions of stamps from employers; he states that the purpose for soliciting anonymous contributions was to protect contributing members from retribution from the head of the opposing slate and secretary-treasurer of Local Union 710, Frank Wsol.
Pursuant to Article XII, Section 1(a) and (b)(1) of the Rules, employers are not permitted to make any contributions to campaigns of delegate and alternate delegate candidates. In order to determine whether contributions are permissible under the Rules, the candidate must be able to determine whether the contributor is or is not allowed to contribute under the Rules. By soliciting anonymous contributions, the Rules are violated since a candidate is unable to ensure that he/she has accepted only permissible contributions from members and non-members who are not otherwise employers and refused any contributions from employers. Thus, when KNL accepted the anonymous contribution of 20 stamps, they were unable to ensure that the stamps came from a permissible source and therefore violated Article XII, Section 1(a) and (b)(1). The eight books of stamps from local union members do not violate the Rules.
Accordingly, the protest is GRANTED as to the anonymous contribution of 20 stamps and DENIED in all other respects.
Here, however, the Election Officer notes that the anonymous contribution of
20 stamps were not used for KNL’s campaign mailing and are still in KNL’s possession. Since KNL is unable to return the 20 stamps to its contributor, KNL is ordered not to use these 20 stamps for future campaign-related mailings in any delegate, alternate delegate or International officer elections.
Henry Radovanovic & William Ceniti
March 18, 1996
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, 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
Dennis Sarsany, Associate Regional Coordinator