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Office of the Election Supervisor for the International Brotherhood of Teamsters

 

 

 

 

 

 

 

 

 

 

 

February 8, 1996

 

 

 

VIA UPS OVERNIGHT

 


George Kieffer

February 8, 1996

Page 1

 

 

George Kieffer

2580 Miller Street

Lakewood, CO 80215

 

Roman Garcia, Secretary-Treasurer

Teamsters Local Union 435

2941 W. 19th Avenue

Denver, CO 80204

 

Steve Vairma, President

Teamsters Local Union 435

2941 W. 19th Avenue

Denver, CO 80204

 

Dave Ring

Teamsters Local Union 435

2941 W. 19th Avenue

Denver, CO 80204

 

Sylvia Salazar

Teamsters Local Union 435

2941 W. 19th Avenue

Denver, CO 80204


Roger Quimby

Teamsters Local Union 435

2941 W. 19th Avenue

Denver, CO 80204

 

Ron Cash

Teamsters Local Union 435

2941 W. 19th Avenue

Denver, CO 80204

 

Gary Stugart

Teamsters Local Union 435

2941 W. 19th Avenue

Denver, CO 80204

 

Teamsters United

7906 W. 90th Avenue

Westminster, CO 80030


George Kieffer

February 8, 1996

Page 1

 

 

Re:              Election Office Case Nos.              P-325-LU435-RMT

P-326-LU436-RMT

 

Gentlemen:

 

Pre-election protests were filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by

George Kieffer, a member of Local Union 435.

 


George Kieffer

February 8, 1996

Page 1

 

 

Mr. Kieffer alleges (P-325-LU435-RMT) that Local Union 435 Secretary-Treasurer Roman Garcia and President Steve Vairma used local union resources to produce and distribute a campaign flyer.  In P-326-LU435-RMT, he alleges that the flyer is “false and misleading” because it gives the impression that Mr. Garcia’s slate of candidates has already won the Local Union 435 delegate and alternate election.

 

Mr. Garcia and Mr. Vairma respond that no union resources were used to produce the flyer.  They state that the flyer was written by Jim Adams, a member of Local Union 435, on his home computer.  According to the Messrs. Garcia and Vairma, the flyer was printed by a union printer in Denver.  In addition, they state that the phrase “Convention 1996 Delegates Elect” is meant to be descriptive of the upcoming IBT convention and was not intended to convey victory for their slate of candidates.

 

These protests were investigated by Associate Regional Coordinator Zeik Seidman.

 

Article XII, Section 1(b)(1) of the Rules generally prohibits labor organizations from contributing union resources to influence delegate and officer elections.

 

                     Mr. Adams corroborates that he produced the campaign flyer at his home using his software, computer and printer.  Also corroborating Messrs. Garcia and Vairma is the printer who identified the flyer by job number and described it accurately.  A receipt was provided to the Election Officer identifying the flyers as well as the quantity printed.

 

In consideration of the foregoing, the protest in P-325-LU435-RMT is DENIED.

 

As to Mr. Kieffer’s allegation that the flyer is false and misleading, the Election Officer reviewed the text of the flyer.  Mr. Kieffer specifically protests that the words “Convention 1996 Delegates Elect” at the bottom of the flyer connotes that an election has already been held and that Mr. Garcia’s slate of candidates already had been elected.  The ballots for the Local Union 435 delegate and alternate election were mailed on February 1, 1995 and are scheduled to be counted on February 28, 1995.  

 

The Election Officer notes that “[u]nderlying the Rules is a firm policy against censorship or the regulation of the content of campaign literature.”  Braxton, P-304-LU623-PHL (May 21, 1991).  Nonetheless, the Election Officer will review the content of campaign literature where it is alleged that such content interferes with her mandate to conduct “fair, honest, open and informed elections.”  Rules, Preamble at (I).  After close review, the Election Officer finds that the text does not convey the impression that an election already has occurred.  It specifically states that the members of the slate are “seeking election.”  Moreover, the text of the flyer states “[t]he election for the delegates to the Convention for Local 435 will be held in February of this year.”

 

For the foregoing reasons, the protest in P-326-LU436-RMT is DENIED.

 


George Kieffer

February 8, 1996

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.

Latham and 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

Zeik Seidman, Associate Regional Coordinator