February 20, 1996
VIA UPS OVERNIGHT
George Kieffer, et al.
February 20, 1996
Page 1
George Kieffer
2580 Miller Street
Lakewood, CO 80215
Ron Sterner
198 E. 5th
Nederland, CO 80466
Robert Newhouse
6486 S. Saulsbury Street
Littleton, CO 80123
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, Vice President
Teamsters Local Union 435
2941 W. 19th Avenue
Denver, CO 80204
Roger Quimby, Trustee
Teamsters Local Union 435
2941 W. 19th Avenue
Denver, CO 80204
Sylvia Salazar, Recording Secretary
Teamsters Local Union 435
2941 W. 19th Avenue
Denver, CO 80204
Ron Smith
Teamsters Local Union 435
2941 W. 19th Avenue
Denver, CO 80204
Teamsters United Slate
7906 W. 90th Avenue
Westminster, CO 80030
George Kieffer, et al.
February 20, 1996
Page 1
Re: Election Office Case Nos. P-327-LU435-RMT
P-328-LU435-RMT
P-329-LU435-RMT
P-330-LU435-RMT
George Kieffer, et al.
February 20, 1996
Page 1
Gentlepersons:
Pre-election protests were filed pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”) against members of the “Teamsters United Slate” by Local Union 435 members and candidates on the opposition slate, George Kieffer, Ron Sterner and Robert Newhouse. In P-327-LU435-RMT, Mr. Kieffer alleges that Teamster United Slate members Roman Garcia, local union secretary-treasurer, and
Steve Vairma, local union president, were observed on January 15, 1996 passing out campaign literature at gate to a United Parcel Service (“UPS”) facility during the regular business hours of Local Union 435. In P-328-LU435-RMT, Mr. Kieffer makes the same allegations regarding Local Union 435 Business Agent Ron Smith. In P-329-LU435-RMT, Mr. Sterner alleges that on January 15, 1995 Local Union 435 Vice President David Ring and Local Union 435 Trustee Roger Quimby, both candidates on the Teamsters United Slate, were handbilling campaign literature outside UPS’s Boulder facility while they were on union time. In P-330-LU435-RMT, Robert Newhouse makes the same allegations about Business Agent Ron Smith and Recording Secretary Sylvia Salazar, as contained in P-328-LU435-RMT.
In each of these cases, the charged parties contend that they took a personal day off from the local union or they were campaigning on their day off.
Because these protests allege similar, and in some cases the same facts, they were consolidated by the Election Officer.
These protests were investigated by Associate Regional Coordinator Zeik Saidman.
The Teamsters United Slate has the following candidates: Mr. Garcia, Mr. Vairma,
Mr. Ring, Ms. Salazar, Mr. Quimby, Ron Cash and Gary Stugart.
On January 15, 1996, Messrs. Garcia, Vairma and Smith and Ms. Salazar all admit they were campaigning at the UPS gate. During the investigation, Mr. Garcia and Mr. Vairma provided evidence that they took that day as a floating holiday (personal day) and made such requests in writing on January 12, 1996.[1] Mr. Smith presented evidence that he requested and received a half-day off as a personal day on January 15, 1996. He made this request on
January 11, 1996. Ms. Salazar stated that she did not start leafleting campaign literature until after 5 p.m. when she was not on work time. Ms. Salazar provided a time sheet from her employer which indicates she finished her work day at 4:51 p.m.
George Kieffer, et al.
February 20, 1996
Page 1
On January 15, 1996, Messrs. Ring and Quimby passed out campaign literature on behalf of the Teamsters United Slate at UPS’s Boulder facility for approximately one and one-half hours and at UPS’s Commerce City Hub from 2:00 to 4:30 p.m. Mr. Ring provided evidence that he requested and received a half-day off as a personal day on January 15, 1996. Mr. Quimby advised that January 15, 1996 was his day off. He works the Tuesday through Saturday shift at his employer, Alliant Food Service. Mr. Quimby provided documentation from his employer that he works a Tuesday through Saturday shift.
The Rules, at Article VIII, Section 11, broadly protect the right of members to campaign. Campaigning is not permitted during a candidate or member’s working hours or on time that is paid for by the union. See Article VIII, Sections 11(a) and (b). The charged parties have presented ample evidence that the campaigning engaged in on January 15, 1996 was neither on work time nor time paid for by the union.
Accordingly, these protests are DENIED.
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 & 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
Jonathan Wilderman, Regional Coordinator
[1]The local union presented evidence that employees of the local union are entitled to two floating holidays.