Protest Decisions

            Margaret Sik, member of Local Union 320 and nominated candidate for IBT vice president at large on the Gegare-Sheard slate, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2010-2011 IBT International Union Delegate and Officer Election (“Rules”).  The protest alleged that Local Union 320 impermissibly permitted campaign leafleting by Hoffa-Hall 2011 supporters at a union-funded picnic without giving advance notice to other candidates that such campaign activity would be permitted.

            Election Supervisor representative Joe Childers investigated this protest.

Findings of Fact and Analysis

            On Sunday, August 21, 2011, Local Union 320[1] held its annual picnic for Twin Cities-area members and their families at Como Park in St. Paul, Minnesota.  The protest alleged that Local Union 320 member Joe Warhol and Local Union 320 principal officer Sue Mauren distributed campaign leaflets supporting Hoffa-Hall 2011 at the picnic.  The protest claimed that this campaign activity violated Article VII, Section 12(c) of the Rules because the event was funded by the local union and the union did not give advance written notice to all candidates that campaigning would be permitted.

            Investigation showed that Local Union 320 paid a fee to the park authority for use of tents erected by the park.  The local union provided food and drink to members and their families under those tents.  In addition, the union distributed wrist bands that permitted members and their families entry to the zoo, conservatory, and amusement rides at the park.  The area surrounding the tents was not cordoned off nor was access to it controlled in any way.  As such, anyone could enter the food tent, but food and drink were dispensed only to persons with vouchers for them, which the union distributed to members and their families who had registered.  Mauren and other officers and employees of the local union were present and circulated among the members to greet them, but the area was not equipped with a sound system and no speeches were made.  The local union did not conduct any business, such as a membership meeting, at the event.[2]

            Protestor Sik was present at the picnic and distributed leaflets in support of the Gegare-Sheard slate, of which she is a member.  Photos provided by the local union showed that Sik leafleted members on the sidewalk within approximately 20 feet of the table where local union staff distributed wrist bands to members and their families.  In addition, photos showed that supporters of Sandy Pope distributed campaign leaflets to members in the same area.

            Mauren denied that she distributed leaflets.  During the investigation, protestor Sik withdrew the allegation made against Mauren.  However, investigation confirmed that Warhol distributed Hoffa-Hall 2011 flyers in the area near where wristbands were distributed.  

            No evidence was presented that leafleting occurred under the tents, and Mauren denied that campaigning occurred there.

            On these facts, we find no violation of the Rules.  Article VII, Section 12(c) prohibits use of union funds and facilities to assist in campaigning, but Section 12(d) of the same article preserves for candidates and members their preexisting rights “to solicit support, distribute leaflets or literature [and etc.] on … Union premises.”  To the extent that any citizen may exercise free speech rights in Como Park, members have the preexisting right to campaign in that public park, and it does not violate the Rules to distribute campaign flyers to members there.  

That said, Local Union 320 rented tents for its membership picnic.  For the same reason that we held rented hotel conference rooms in Zuckerman & Gegare, 2010 ESD 5 (June 28, 2010),[3] and Zuckerman, 2010 ESD 47 (November 22, 2010),[4] to be union facilities where campaigning could not occur absent advance written notice to all candidates, we find that the tents rented for the local union picnic were also union facilities subject to that limitation on campaigning.  However, we also find that no campaigning occurred under the tents.  Instead, supporters of Hoffa-Hall 2011, Gegare-Sheard, and independent candidate Pope all campaigned in the vicinity of the Local Union 320 picnic, but none did so in the facilities the union had rented for the event.    

The leafleting among members attending the picnic here is analogous to campaigning outside a union meeting, which is expressly permitted by Article VII, Section 12(a).[5]  Such campaigning does not involve the use of union resources and the union is not required to give  advance notice to candidates. 

            Accordingly, we DENY this protest.

            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 Supervisor 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

885 Third Avenue, Suite 1000

New York, NY  10022

Fax: (212) 751-4864

Copies of the request for hearing must be served upon the parties, as well as upon the Election Supervisor for the International Brotherhood of Teamsters, 1801 K Street, N.W., Suite 421 L, Washington, D.C.  20006, all within the time prescribed above.  A copy of the protest must accompany the request for hearing.