August 23, 1995
VIA UPS OVERNIGHT
Michael Ruscigno, et al.
August 23, 1995
Page 1
Michael Ruscigno
302 Summit Avenue
Jersey City, NJ 07306
James Jacob
1377 Sassaquin Avenue
New Bedford, MA 02745
Darryl Sullivan
2059 Richmond
Arlington, TX 76014
Teamsters Local Union 337
2801 Trumbull Ave.
Detroit, MI 48216
Paul Alan Levy, Esq.
Public Citizen Litigation Group
2000 P Street, NW, Suite 700
Washington, DC 20036
Michael Ruscigno, et al.
August 23, 1995
Page 1
RE: Election Office Case No. P-070-LU337-EOH
Gentlemen:
Michael Ruscigno, et al.
August 23, 1995
Page 1
A pre-election protest was filed pursuant to Article XIV, Section 2(a) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”).[1] The protesters, Michael Ruscigno, a member of Teamsters Local 138, James Jacob, a member of Teamsters Local 251, and Darryl Sullivan, a member of Local Union 745, allege that the official union publication of Local Union 337, Team 337, has been used to support the candidacy of Local Union 337 President Lawrence Brennan, and to attack the candidacy of General President Ron Carey. The protesters allege that Mr. Brennan has received excessive positive coverage because his picture and name appear in every issue and he is frequently quoted. The protesters specifically cite articles, columns, and graphics in the June 1993, March, May, and August 1994 issues as attacking Mr. Carey in violation of the Rules.
Local Union 337 contends that the news articles and the President’s Column contained in Team 337 pertain to issues of concern to the membership such as membership dues, the financial affairs of the International Union and the status of the strike fund. They further state that the publication simply expressed a viewpoint in opposition to positions taken by the Carey Administration.
The investigation was conducted by Election Office Staff Attorney Helene Boetticher.
The Rules, at Article VIII, Section 8(a), provide the following prohibition, “No publication or communication financed, directly or indirectly, by a Union may be used to support or attack any candidate or the candidacy or any person. . .” Section 8(a) also sets forth specific illustrations of improper support of a candidate by a Union-financed publication.
As the Election Officer stated in Ruscigno, P-067-LU20-EOH (July 19, 1995), in determining whether a union-financed publication violates the Rules, the Election Officer must first determine if the subject of the publication was a “candidate” at the time of the publication.[2]
There is no evidence that Mr. Brennan was a candidate for delegate or International officer in 1993 or 1994 at the time the protested issues of Team 337 were published. The Election Officer has previously determined that Mr. Carey was not a candidate during this period. See, Martin, P-10-IBT-PNJ et al. (August 17, 1995).
Based on these findings, the Election Officer determines that the publications at issue were not used to support or attack any candidate as prohibited by the Rules.
For the foregoing reasons, the protest is DENIED.
Michael Ruscigno, et al.
August 23, 1995
Page 1
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.
Mudge, Rose, Guthrie, Alexander & Ferdon
180 Maiden Lane, 36th Floor
New York, NY 10038
Fax (212) 248-2655
Copies of the request for hearing must be served on the parties listed above as well as upon the Election Officer, 400 North Capitol Street, Suite 855, Washington, D.C. 20001, Facsimile (202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Barbara Zack Quindel
Election Officer
cc: Election Appeals Master Kenneth Conboy
William A. Wertheimer, Jr., Regional Coordinator
[1]This “reach-back” protest was filed within the thirty-day period following the final promulgation of the Rules on April 24, 1995, and alleges violations occurring prior to the issuance of the Rules. The Rules, at Article XIV, Section 2(a), state:
Protests regarding violations of the [Labor-Management Reporting and Disclosure Act, as amended] (including violations of the IBT Constitution) allegedly occurring prior to the date of issuance of the Rules and protests regarding any conduct allegedly occurring within the first twenty-eight (28) days after issuance of the Rules must be filed within thirty (30) days of the date of issuance, or such protests shall be waived.
[2]Under the Rules, “candidate” is defined as:
[Any member who is actively seeking nomination or election for any Convention delegate or alternate delegate position or International Officer position. The term includes any member who has accepted any campaign contribution as defined by the Rules or made any expenditure, where the purpose, object or foreseeable effect of the contribution or expenditure is to influence the election of that member to any such position.