January 5, 1996
VIA FACSIMILE AND UPS OVERNIGHT
Peter A. George
212 Sedgefield Lane
Danville, VA 24541
Teamsters Local Union 391
3100 Sandy Ridge Road
Colfax, NC 27235
Re: Election Office Case P-288-LU-391-SCE
Gentlemen:
Peter A. George filed this protest pursuant to Article XIV, Section 2(b) of the Rules for the IBT 1995-1996 International Union Delegate and Officer Election (“Rules”). The protester alleges that the December issue of the local union publication, The Voice of Local 391 (“Voice”), misprinted the date of the local union delegate nomination meeting.
This protest was investigated by Regional Coordinator J. Griffin Morgan.
There are no disputed facts in this case. The December Voice contained an article entitled “Vote for Local 391 Delegates” on page two of the eight page newsletter. The article featured a graphic of a ballot box prominently placed in the center of the article with the words “Delegate Elections.” The article contained a clerical error as to the date of the nomination meeting for delegates and alternate delegates to the International convention. The article stated the meeting would be held on Saturday, January 31, 1996. The correct nomination meeting date, however, is Saturday, January 13, 1996. Upon notification of this inadvertent transpositional error, the local union promptly mailed notices to the union stewards for posting on all local union bulletin boards.
Peter A. George
January 5, 1996
Page 1
Prior to the appearance of the error in the Voice, Local Union 391 meticulously followed the Rules. On December 15, 1995, the local union mailed the Election Plan Summary to its stewards for posting pursuant to Article II, Section 4(h) of the Rules which set forth the correct date for the nomination meeting. The union also sent to its members Nomination Notices by first class mail and posted these notices on union bulletin boards pursuant to Article II, Section 5(d) of the Rules on or about December 20, 1995. These notices also contained the correct date for the nomination meeting. Subsequent to these notices, however, on December 29, 1996, the local union sent to its members by second class U.S. mail, the December issue of the Voice containing the incorrect date for the delegate nomination meeting. Members began receiving the newsletter as early as January 2, 1996.
Under the Rules, the Election Officer is charged with ensuring the “conduct of fair, honest, open and informed elections.” Article I. At Article XIII, the Rules incorporate certain provisions of the Labor-Management Reporting and Disclosure Act, as amended, including Section 401(c) which requires “adequate safeguards to insure a fair election . . .” Thus, in considering protests, the Election Officer will weight heavily any factor that may invite confusion into the election process and mislead members..
The local union has approximately 8000 members spread throughout the state. Though the local union adhered to all of the requirements of the Rules, the publication of an incorrect nomination meeting date in a newsletter distributed to the entire membership, subsequent to the notices required under the Rules, invites confusion in the delegate nomination process. These facts create a reasonable possibility that union members may not see the local union’s posting and/or may rely upon the December newsletter as an incorrect reference for the date of the nomination meeting.
Based on the foregoing, the protest is GRANTED.
The Election Officer is empowered to remedy violations of the Rules by whatever action is appropriate. In order to remedy this violation of the Rules, Local Union 391 is directed to mail a copy of the local union notice attached hereto, which the union previously had its stewards post, to each member at his or her last known home address by first class mail. This mailing must be completed by the close of business on Monday, January 8, 1996. Alternatively, the local union can reprint the Notice on post cards which would be sent to all members and at his or her last known home address by first class mail. By January 9, 1996, the Local 391 will submit an affidavit to the Election Officer demonstrating compliance with this order.
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
Peter A. George
January 5, 1996
Page 1
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, 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
J. Griffin Morgan, Regional Coordinator