Protest Decisions

Findings of Fact and Analysis

Article XI, Section 1(b)(6) of the Rules provides that:

No Union funds or other things of value shall be used, directly or indirectly, to promote the candidacy of any individual. Union funds, facilities, equipment, stationery, personnel, etc., may not be used to assist in campaigns unless the Union is compensated at fair market value for such assistance, and unless all candidates are provided with equal access to such assistance and are advised in advance, in writing, of the availability of such assistance. The use of the Union's official stationery with the Union's name, insignia or other mark identifying the Union is prohibited, irrespective of compensation or access. Other use of the Union's name, insignia or mark by Union members, in connection with the exercise of rights under these Rules, is permitted.

The term "Union" as defined in the Rules "means the International Union, all Local Unions, and all other subordinate bodies of the International Union, unless explicit distinction is made." Definitions, No. 42.

Local 542's stationery contains two logos, one for the local union and one for Joint Council 42, with which the local union is affiliated. In addition, the full name of the Local Union is reprinted on the letterhead in a discrete font. At the bottom of the local's stationery are the local's mailing addresses and phone numbers, and at the side are the names and titles of the local's officers.

The NS slate distributed 75 to 100 leaflets that included the local union logo and the local union's full name as photocopied from Local 542 letterhead. The Joint Council, the local's officers and the local's addresses and phone numbers are not included on the leaflet. After the instant protest was filed on January 18, 2001, and after a discussion with the staff of the Election Administrator, the NS slate redid its leaflets to exclude the local union's logo and its official name as drawn from the local's letterhead. The new leaflets use the IBT logo.

We reject the claim of the protestor that a local union's logo may not be reprinted on campaign literature. Article XI, Section 1(b)(6) of the Rules allows for the use of the "Union's name, insignia or mark by Union members" in connection with the exercise of their rights under the Rules. The use of the defined term "Union" in this provision is intended to apply to local unions as well as the International Union, and their logos may be used in campaign literature in the same fashion as the logo of the IBT.

At the same time, however, Article XI, Section 1(b)(6) provides that use in campaign literature of a local union's "official stationery with the Union's name, insignia or other mark identifying the Union is prohibited, irrespective of compensation or access." The reason for this is two-fold: to prevent misuse of union resources and to prevent members from drawing the conclusion that the Union as an institution supports one group of candidates to the exclusion of another.

The challenged leaflet here uses two elements of the local union's official stationery (the local union logo and the local's official name in the same font found on the letterhead). It leaves out three others (the joint council logo, the local's names and addresses, and the officers' names and offices).

Were the logo alone used, we would not hesitate to deny this protest, since campaigns are permitted to use local union logos. However, use of the logo, along with the official name of the local in the same font as appears on the letterhead, may suggest that the campaign flyer is being printed on such letterhead, and that the campaign thus has the local's endorsement. Such use of the elements of the local union's official stationery is to be avoided.

We deem this protest to be RESOLVED, however, because the NS slate promptly abandoned its use of the challenged leaflet after discussions with the staff of the Election Administrator. No further relief is called for under these circumstances.

Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within two (2) working days of receipt of this decision. The parties are reminded that, absent extraordinary circumstances, no party may rely upon evidence that was not presented to the Office of the Election Administrator in any such appeal. Requests for a hearing shall be made in writing, shall specify the basis for the appeal, and shall be served upon:

Kenneth Conboy

Election Appeals Master

Latham & Watkins

Suite 1000

885 Third Avenue

New York, New York 10022

Fax: 212-751-4864

Copies of the request for hearing must be served upon all other parties, as well as upon the Election Administrator for the International Brotherhood of Teamsters, 727 15^th Street NW, Tenth Floor, Washington, DC 20005, all within the time period prescribed above. A copy of the protest must accompany the request for hearing.

William A. Wertheimer, Jr.

William A. Wertheimer, Jr.

Election Administrator

cc: Kenneth Conboy

2001 EAD 138

DISTRIBUTION LIST VIA UPS NEXT DAY AIR:

Patrick Szymanski

IBT General Counsel

25 Louisiana Ave. NW

Washington, DC 20001

Bradley T. Raymond

Finkel, Whitefield, Selik,

Raymond, Ferrara & Feldman

32300 Northwestern Highway

Suite 200

Farmington Hills, MI 48334

J. Douglas Korney

Korney & Heldt

30700 Telegraph Road

Suite 1551

Bingham Farms, MI 48025

Barbara Harvey

Penobscot Building

Suite 1800

645 Griswold

Detroit, MI 48226

Betty Grdina

Yablonski, Both & Edelman

Suite 800

1140 Connecticut Ave. NW

Washington, D.C. 20036

Tom Leedham c/o Stefan Ostrach

110 Mayfair

Eugene, OR 97404

IBT Local 542

4666 Mission Gorge Place

San Diego, CA 92120

New Spirit 2001 Slate

c/o Hector Romero

11173 Socorro Ct.

San Diego, CA 92129

Christine Mrak

2357 Hobart Avenue SW

Seattle, WA 98116