February 27, 1996
VIA UPS OVERNIGHT
Ron Sterner & George Kieffer
February 27, 1996
Page 1
Ron Sterner
P.O. Box 821
Nederland, CO 80466
George Kieffer
2580 Miller Street
Lakewood, CO 80215
Roman R. Garcia, Secretary-Treasurer
Teamsters Local Union 435
2941 West 19th Avenue
Denver, CO 80204
Steve Vairma, President
Teamsters Local Union 435
2941 West 19th Avenue
Denver, CO 80204
David Ring, Vice President
Teamsters Local Union 435
2941 West 19th Avenue
Denver, CO 80204
Roger Quimby, Trustee
Teamsters Local Union 435
2941 West 19th Avenue
Denver, CO 80204
Sylvia Salazar, Recording Secretary
Teamsters Local Union 435
2941 West 19th Avenue
Denver, CO 80204
Ron Smith
Teamsters Local Union 435
2941 West 19th Avenue
Denver, CO 80204
Ron Sterner & George Kieffer
February 27, 1996
Page 1
Re: Election Office Case Nos. P-389-LU435-RMT
P-394-LU435-RMT
P-391-LU435-RMT
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") by Ron Sterner and
Ron Sterner & George Kieffer
February 27, 1996
Page 1
George Kieffer, members of Local Union 435 and candidates for delegate on the Teamsters for Justice slate, against the five members of the opposing Teamsters United slate, and a business agent of the local union who campaigned for the Teamsters United slate. In P-389-LU435-RMT, Mr. Sterner asserts that the charged parties--Local Union 435 Secretary-Treasurer Roman Garcia, President Steve Vairma, Vice President Dave Ring, Trustee Roger Quimby, Recording Secretary Sylvia Salazar, and Business Agent Ron Smith--used vehicles owned by the local union to drive to various work sites "for the sole purpose of distributing campaign literature," in violation of the Rules. In P-394-LU435-RMT, Mr. Sterner claims that Mr. Ring violated the Rules by using a union-owned vehicle to campaign at a work site on February 1, 1996 while taking a personal day off from work. In P-391-LU435-RMT, Mr. Kieffer alleges that he observed Mr. Garcia and Mr. Vairma distributing campaign material at his work place on February 1, 1996 during regular business hours of the local union.
As these protests raised similar or identical factual and legal claims, they were consolidated by the Election Officer.
In P-389-LU435-RMT and P-394-LU435-RMT, the charged parties respond that they personally own or lease the vehicles they utilized to campaign. In P-391-LU435-RMT,
Mr. Garcia and Mr. Vairma state that they took either a vacation day or "floating holiday" on February 1, 1996.
The protests were investigated by Associate Regional Coordinator Zeik Saidman.
The investigation conducted by the Election Officer indicates that officers and business agents of Local Union 435 purchase or lease their own cars and receive a monthly car allowance of $400. This policy applies to Mr. Garcia, Mr. Vairma, Mr. Ring and Mr. Smith, all of whom are full-time employees of the local union. Ms. Salazar and Mr. Quimby, who serve as local union officers but are not employed by Local Union 435, drive their own vehicles and receive a minimal car allowance. The charged parties state that they are permitted to use their vehicles for personal activities as long as they pay for their own gas and other expenses.
In P-389-LU435-RMT, the protester asserts that the charged parties "are using Union vehicles to transport themselves to various barns and centers" for the purpose of distributing campaign literature. Mr. Sterner contends that "[s]ince members' dues are used to pay these individuals a car allowance," such use violates the Rules. Similarly, in P-394-LU435-RMT, the protester states that Mr. Ring distributed campaign leaflets at his work site on February 1, 1996, "using a union vehicle, paid by members dues."
Article VIII, Section 11(c) of the Rules states:
Union officers and employees provided with Union-owned or leased cars, if otherwise afforded the right to utilize those cars for personal activities, may use the cars for campaign activities, provided no costs, or expenses incurred as a consequence, of such use are paid out of Union funds or other prohibited sources.
Ron Sterner & George Kieffer
February 27, 1996
Page 1
The Election Officer finds that the charged parties did not violate the Rules by using their own vehicles to campaign. Even if these vehicles could be perceived as union-owned, due to the car allowances received by the charged parties, Section 11(c) permits the use of such cars to campaign as long as the officers are allowed to use the cars "for personal activities" and do not charge the local union for any costs or expenses connected with such activities. The investi-gation indicates this to be the case for the officers and employees of Local Union 435.
In P-394-LU435-RMT, the protester charges Mr. Ring with an additional violation of the Rules by using a personal day to campaign. Mr. Ring presented evidence that he requested and received permission from the local union to take a half-day off on February 1, 1996 as a "floater" or personal day.[1]
Likewise, in P-391-LU435-RMT, Mr. Garcia presented evidence that he took February 1, 1996 as a vacation day, while Mr. Vairma presented evidence that he requested and received permission to take February 1 as a floating holiday.
In Kieffer, et al., P-327-LU435-RMT, et seq. (February 20, 1996), the Election Officer held that "[t]he Rules, at Article VIII, Section 11, broadly protect the right of members to campaign." While Section 11(b) does not permit union officers and employees to campaign on union time, it specifically allows campaigning "during paid vacation, paid lunch hours or breaks, or similar paid time off." Hence, the Election Officer found that the charged parties, including Mr. Ring, did not violate the Rules by campaigning on their personal days off from the local union. That decision applies equally to the allegations in P-394-LU435-RMT and P-391-LU435-RMT.
For the foregoing reasons, the instant 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
Ron Sterner & George Kieffer
February 27, 1996
Page 1
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 Saidman, Associate Regional Coordinator
[1]Local Union 435 allows its employees two floating holidays.