November 22, 1996
VIA UPS OVERNIGHT
John Gonzalez
November 22, 1996
Page 1
John Gonzalez
118 E. Iris Street
Oxnard, CA 93033
Ron Carey Campaign
c/o Nathaniel K. Charny
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
Sergio Lopez, Trustee
Teamsters Local Union 186
1534 Eastman Avenue, Suite B
Ventura, CA 93003
Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond,
Ferrara & Feldman
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334
John Gonzalez
November 22, 1996
Page 1
Re: Election Office Case No. P-1253-LU186-CLA
Gentlemen:
John Gonzalez, a member of Local Union 186, 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”) alleging that the Rules were violated when the Spanish-language newspaper Periódico VIDA, in its November 14, 1996 issue, ran a campaign advertisement and sample ballot for the Hoffa/Salmeron campaign next to a non-partisan “get-out-the-vote” advertisement that Mr. Gonzalez had placed. Mr. Gonzalez states that the placement of the ads next to each other resulted in the message, “get out and vote for
Jim Hoffa and Mary Lou Salmeron.” He further objects to the text of the campaign ad as incorrectly suggesting that Local Union 186 endorses the Hoffa/Salmeron campaign. He lodges his protest against James P. Hoffa, the Hoffa campaign and “unknown individuals and Hoffa supporters on the staff of Local 186.”
The Hoffa campaign responds that it did not place the campaign ad and had no knowledge of it.
This protest was investigated by Regional Coordinator Dolly M. Gee.
John Gonzalez
November 22, 1996
Page 1
Periódico VIDA is an independent newspaper published in Oxnard, California.
Mr. Gonzalez states that he regularly receives free space in the newspaper on behalf of Local Union 186. He further states that he recently requested and received space to run a non-partisan advertisement encouraging voter participation in the International officer election by Spanish-speaking members.
Periódico VIDA published Mr. Gonzalez’s ad in its issue dated November 11, 1996. Next to it appeared a two-column campaign advertisement for general president candidate James P. Hoffa and International trustee candidate Mary Lou Salmeron. The top of the first column is headed, “AVIS D’ÉLECTION. TEAMSTERS LOCAL #186.” The text continues with the names of Mr. Hoffa and Ms. Salmeron and the positions for which they are running. At the bottom of the column is some small print in Spanish explaining that the Election Officer and her staff are conducting the election, that ballots must be received by December 10, 1996, and that they will be counted at the site that the Election Officer has designated in Maryland. The second column sets out a sample ballot, giving only the names on the Hoffa slate. The words “SAMPLE BALLOT” are printed at the bottom of the first column and diagonally on the second column.
The publisher of Periódico VIDA, Manuel Munoz, states that the campaign ad was submitted in camera-ready form. He further states that the person responsible for payment is Local Union 186 member Mike Gonzales.
Local Union 186 states that it had no involvement in producing or placing the campaign ad. It has sought retraction of the ad, due to the mention of “Local #186.” It contends that the ad misrepresented the local union as endorsing Mr. Hoffa and Ms. Salmeron. The local union states that it has made no endorsements.
The Election Officer finds that the Hoffa/Salmeron campaign advertisement is plainly campaign material. The protester does not suggest otherwise. The Election Officer has found in numerous prior decisions that sample ballots, identified as such, do not violate the Rules. See, e.g., Stefanski, P-642-LU726-CHI (April 3, 1996), aff’d, 96 - Elec. App. - 170 (KC) (April 17, 1996); Newhouse, P-388-LU435-RMT (February 21, 1996); Antoskiewicz, P-452-LU507-CLE (February 28, 1996).
With respect to the use of Local Union 186’s name in the text of the advertisement, Article XII, Section 1(b)(3) of the Rules provides, in part:
The use of the Union’s official stationery with the Union’s name, insignia or other mark identifying the Union is prohibited . . . . Other use of the Union’s name, insignia or mark by Union members, in connection with the exercise of rights under the Rules, is permitted.
The Election Officer finds that the use of Local Union 186’s name in the ad did not constitute or imply an endorsement under the Rules and was, therefore, not prohibited.
John Gonzalez
November 22, 1996
Page 1
With respect to Mr. Gonzalez’s allegation that the side-by-side placement of his voter participation ad and the campaign ad resulted in a message to “get out and vote for Jim Hoffa and Mary Lou Salmeron,” the investigation revealed that Mr. Munoz received the campaign ad late in the layout process of the issue and that the location next to the voter participation ad was the only space available. The resulting placement was controlled by the media entity publishing the advertisement and does not violate the Rules.
For the foregoing reasons, the protest is DENIED.
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
Dolly M. Gee, Regional Coordinator