October 22, 1997
VIA UPS OVERNIGHT
Rebecca Clemerson
October 22, 1997
Page 1
Rebecca Clemerson
9105 Fairridge Drive
Louisville, KY 40229
Jerry T. Vincent, Secretary-Treasurer Teamsters Local Union 783
7711 Beulah Church Road
Louisville, KY 40228
Richard Brook, Esq.
Cohen, Weiss and Simon
330 W. 42nd Street
New York, NY 10036
Bradley T. Raymond, Esq.
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
Rebecca Clemerson
October 22, 1997
Page 1
Re: Election Office Case No. PR-008-LU783-EOH
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 Rebecca Clemerson, a member of Local Union 783. Ms. Clemerson alleges that the September 1997 issue of The Teamster 783 Connection, a regular publication of Local Union 783, contains campaign material and violates the Rules. Ms. Clemerson files her protest against “those responsible for this violation.” Jerry T. Vincent, secretary-treasurer of Local Union 783, responds that the publication does not contain campaign material.
The protest was investigated by Election Office Appellate Attorney David S. Paull.
Rebecca Clemerson
October 22, 1997
Page 1
The material challenged by Ms. Clemerson is contained in the first three pages of the publication and is entitled “Why the New Election???” The article begins with an introduction written by Mr. Vincent. Mr. Vincent briefly reviews several of the events leading up to the Election Officer’s decision to rerun the International officer election. He expresses “anger” over the occurrence of those events and declares “outrage when I hear those who benefited from the tainted money piously proclaim (through paid mouthpieces) they ‘Did not know!’” Mr. Vincent states further that “[W]e are printing the story because the members have a right to know the unvarnished facts of these ongoing investigations.”
The remainder of the communication generally consists of excerpts from the Washington Teamster, Wall Street Journal, New Republic, Washington Times, Trade Union Courier, Washington Post and Associated Press. The material selected concerns reports about Martin Davis, November Group, Michael Ansara, Share Group, Axis Enterprises, Citizen Action, Barbara Arnold, a lawyer for the Carey Campaign, the U.S. Attorney, the Democratic National Committee, and a lawyer who is reported to have arranged a meeting between President Clinton and Mr. Carey.
In addition to excerpts from various press reports, the article contains certain editorial comments written by Mr. Vincent and John McCarty, Local Union 783 vice-president. These comments are generally critical of Mr. Carey and some of the people who worked on or contributed to his campaign. The protester particularly objects to the last paragraph in the article, which calls for Mr. Carey’s removal from office pursuant to the IBT Constitution.
Article VIII, Section 8(a) of the Rules states that a union-financed publication or communication may not be “used to support or attack any candidate or the candidacy of any person.” In reviewing union-financed communications for improper campaign content, the Election Officer looks to the tone, content and timing of the publication. Martin, P-010-IBT-PNJ (August 17, 1995), aff’d, 95 - Elec. App.- 18 (KC) (October 2, 1995). The Election Officer also considers the context in which the communications appeared.
In Martin, the Election Officer recognized that union officers and officials have a “right and responsibility to exercise the powers of their office to advise and report to the membership on issues of general concern.” (quoting Camarata v. International Bhd. of Teamsters, 478 F. Supp. 321, 330 (D.D.C. 1979), aff’d, 108 L.R.R.M. (BNA) 2924 (D.C. Cir. 1981)). The Election Officer also noted, however, that despite references to the election process, “[r]eports on the results of protest decisions are legitimate subjects for union-financed publications.” See Blake, P-245-JC42-CLA (December 18, 1996), aff'd 96 - Elec. App. - 54 (KC) (January 12, 1996).
The Election Officer has recently determined that union resources may be used to report on the decision and order for a rerun election because that subject clearly affects “the IBT’s institutional interests and is therefore clearly newsworthy and of interest to its members.” Atha, PR-001-IBT-EOH (October 10, 1997).
Rebecca Clemerson
October 22, 1997
Page 1
The protested portions of The Teamster 783 Connection are focused on the Election Officer’s decision to rerun the election and not on the campaign and are published shortly following the Election Officer’s decision in Cheatem. Mr. Carey is sharply criticized in his role as general president. These disparaging statements very nearly cross the line drawn between opinions which constitute the legitimate pursuit of legitimate institutional goals and those which advance or support a candidate. However, the information contained in the article which disapproves of the activities of Mr. Carey and the Carey Campaign is limited to those matters referred to in the Election Officer’s decision ordering a new election or factual accounts of related news articles. For these reasons, the protested article does not constitute impermissible campaigning.
Accordingly, 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, 444 N. Capitol Street, Suite 445, Washington, DC 20001, facsimile
(202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Benetta M. Mansfield
Interim Election Officer
cc: Kenneth Conboy, Election Appeals Master