March 11, 1996
VIA UPS OVERNIGHT
Dane Passo
6811 W. Roosevelt Road
Berwyn, IL 60402
Gerald Zero, Secretary-Treasurer
Teamsters Local Union 705
1645 W. Jackson Boulevard
Chicago, IL 60612
Re: Election Office Case No. P-585-LU705-CHI
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”) by Dane Passo, a member of Local Union 705. Mr. Passo alleges that Local Union 705 violated the Rules by providing him with an incomplete list of local union members for a mailing of campaign literature.
This protest was investigated by Regional Coordinator Bruce Boyens.
On February 16, 1996, Mr. Passo telephoned Local Union 705 on behalf of the Hoffa/Hogan Delegates slate to obtain a membership list for a campaign literature mailing. The local union responded by letter the same day, setting forth the applicable procedures. On February 22, Mr. Passo faxed a request to the local union asking for “the list of the entire membership sorted by zip code for mailing purposes.” He stated that he needed the list by February 26.
On February 25, Local Union 705 produced a list of 14,923 members and their addresses. Mr. Passo’s protest arises from the fact that this number was smaller than the list of 15,027 members and addresses that Local Union 705 produced on February 22 and sent to the printing house used by the Office of the Election Officer for printing and mailing ballots. The difference is 104 names and addresses.
Dane Passo
March 11, 1996
Page 1
Article VIII, Section 7(d) of the Rules state:
In complying with requests to mail literature, the Union shall use the current names and addresses that are on file for all relevant members in good standing.
Local Union 705 admits that it did not provide labels for some 14 members whose addresses were known to be incorrect. Since Local Union 705 is required to provide the current names and addresses of “all relevant members in good standing,” the local union violated
Article VIII, Section 7 by failing to provide the bad addresses. See Chentnik, P-200-LU325-CHI (February 27, 1996).
As to any other disparity in the numbers, in a local union as large as Local Union 705, membership may fluctuate as much a one percent over a three-day period, such as the time period separating the list produced for the Office of the Election Officer and the list produced for
Mr. Passo. A one percent fluctuation in the Local Union 705 membership would be approximately 150 members, which exceeds the difference Mr. Passo identified. That this accounts for the difference in numbers is confirmed by Arlene Mills of Xanadex Computer Consulting, Inc., which furnishes computer consulting services to Local Union 705. Ms. Mills stated that the computer runs that produced the list supplied to the Office of the Election Officer and the list supplied to Mr. Passo were identical except for the exclusion of bad addresses and the difference in the date on which the lists were produced.
Accordingly, the protest is GRANTED as to the failure of the local union to provide the list of names and addresses for members with bad addresses, and DENIED in all other respects.
As a remedy, the Election Officer orders that Local Union 705 immediately provide
Mr. Passo with the names and addresses of those members whose addresses are known to be incorrect.
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
Dane Passo
March 11, 1996
Page 1
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
Bruce Boyens, Regional Coordinator
Julie Hamos, Regional Coordinator