September 5, 1995
VIA UPS OVERNIGHT
Chastity S. Young
September 5, 1995
Page 1
Chastity S. Young
99-B S.W. Robin Road
Lee’s Summit, MO 64063
Ron Carey, General President
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
John J. Sullivan
Associate General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
DRIVE
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
Chastity S. Young
September 5, 1995
Page 1
RE: Election Office Case No. P-122-IBT-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 Officer Election (“Rules”) on August 9, 1995 by Chastity S. Young, a member of Local Union 41. The protester alleges that "[c]ertain union publications and DRIVE PAC [Democrats, Republicans, Independents Voter Education Political Action Committee] such as U-Turn, but not limited to it, are being used" by General President Ron Carey to promote his candidacy in violation of the Rules.
The IBT responds that the publication is intended to inform DRIVE’s contributors of "political events," to encourage further contributions, and to encourage its readers to contact elected officials as "citizen-lobbyists." The articles in the publication, according to the IBT, are appropriate to this mission, and, while the articles espouse strong stands on national issues, neither the upcoming International officer elections nor the candidacy of any individual is discussed.
The protest was investigated by Regional Coordinator Peter V. Marks.
Chastity S. Young
September 5, 1995
Page 1
In support of her protest, Ms. Young refers to the Summer 1995 issue of U-Turn (published in early August 1995), the newsletter of DRIVE. She makes no specific reference nor provides evidence of any Rules violation in any other publication. The protester alleges that a column by Mr. Carey on page 3 of the Summer 1995 edition of U-Turn amounts to impermissible campaigning and that the "general tone of the entire publication is written to encourage members to believe that all of DRIVE’s actions stem from Ron Carey’s decisions and positions." The protester believes that such a representation in the publication is false and violative of the Rules.
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 in a union-financed publication.
A union-financed publication does not violate the Rules unless the subject of the printed matter was a “candidate” at the time it is published. Ruscigno, Case No. P-067-LU20-EOH (July 19, 1995). The Election Officer has previously found Mr. Carey was a candidate at the time of the protested publication. Martin, Case No. P-10-IBT-PNJ, et al. (August 18, 1995).
Because Mr. Carey was a candidate at the time of the allegedly prohibited publication, the Election Officer applies the criteria in the Rules and considers the tone, content and timing of the publication in question. See, Martin, Supra; Martin. The Election Officer has previously recognized that where allegations of campaigning by an incumbent officer who is a candidate arise, she must distinguish between activities that constitutes performing the regular functions and duties of the incumbent’s office and campaigning. See, Martin, supra.
Mr. Carey is not mentioned in any article in the Summer 1995 edition of U-Turn except for the column entitled "Does Politics Matter to Your Family?" The column, which is less than one page in length, is headed by a small photograph of Mr. Carey and a byline, in bold type and in letters smaller than the headline but larger than the column text, "By Ron Carey, Teamsters General President." In the column, Mr. Carey warns readers of the intention of lawmakers to pass legislation adverse to the interests of working people. He then urges readers to contact their stewards or union representatives to find out how they can become involved in lobbying efforts.
Mr. Carey makes no reference to internal union politics, nor does he mention the International officer election or the candidacy of any individual. The article was newsworthy and of interest to the members, and its function, to exhort members to organize and participate, falls squarely within the duties of the General President of the IBT. As a result, neither the publication, taken as a whole, nor the protested article amounts to campaigning under the Rules.
Based upon the foregoing, the protest is DENIED.
Chastity S. Young
September 5, 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: Kenneth Conboy, Election Appeals Master
Michael Gordon, Regional Coordinator