March 7, 1996
VIA UPS OVERNIGHT
Chris Mihalow
March 7, 1996
Page 1
Chris Mihalow
11726 Bogardus Avenue
Whittier, CA 90604
Raul Lopez Slate
Teamsters Local Union 396
3425 Wilshire Boulevard
Suite 2320
Los Angeles, CA 90010
Bill Ulloa
Teamsters Local Union 396
3425 Wilshire Boulevard
Suite 2320
Los Angeles, CA 90010
Chris Mihalow
March 7, 1996
Page 1
Re: Election Office Case No. P-467-LU396-CLA
Gentlepersons:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by Chris Mihalow, a member of Local Union 396.
Ms. Mihalow alleges that on February 7, 1996, Bill Ulloa, a Local Union 396 business agent, delivered campaign flyers on behalf of the Raul Lopez slate to Tony Martinez, a BFI employee and shop steward. The protester alleges that this delivery was made while being paid by the union and using a union-owned vehicle. Mr. Ulloa admits to being present at BFI on February 7, but denies that he gave handbills to Mr. Martinez on that date. He states that he was present at BFI on February 7 to attend a union safety committee meeting. Mr. Ulloa claims that the campaign flyers were distributed on February 13, when he was on personal leave and using his personal vehicle.
This protest was investigated by Regional Coordinator Dolly Gee.
Although some dispute exists as to the exact date the flyers were delivered by Mr. Ulloa and as to what car he was driving, little else is disputed. Between the hours of 4:30 and
Chris Mihalow
March 7, 1996
Page 1
4:45 a.m. on either February 7 or February 13, Mr. Ulloa was at the BFI facility where
Mr. Martinez is employed. Mr. Ulloa drove a white, four-door vehicle, either the union-owned Ford Crown Victoria or Mr. Ulloa’s Jetta Carrat. Mr. Ulloa got out of the car, opened up the car’s trunk, and gave Mr. Martinez campaign flyers to distribute on behalf of the Raul Lopez slate. No other persons witnessed the exchange. According to Mr. Ulloa, he then attended a BFI safety meeting from 4:30 to 5:00 a.m. Mr. Ulloa’s attendance at that meeting was confirmed by Tina Dansby, a BFI District Safety Manager.
Article VIII, Section 11(b) of the Rules prohibits union officers from campaigning “on time that is paid for by the Union.” The provision further states that campaigning “incidental to regular Union business is not, however, violative of this section.”
Thus, while a union staffperson may not campaign during work, the Rules permit campaign activity that is incidental to work. In Newhouse, P-253-LU435-RMT (January 4, 1996), the Election Officer determined that a local union staffperson who solicited an IBT member to circulate candidate accreditation petitions during the course of transacting legitimate union business while on union time did not violate the Rules. Similarly, short campaign-related conversations between business agents and stewards which occurred prior to commencement of contract negotiations do not violate the Rules. Dillon, P-467-LU284-CLE (March 4, 1991).
Based on the protester’s account of the facts, whenever and with whichever car Mr. Ulloa made the delivery, the exchange of campaign materials between Mr. Ulloa and Mr. Martinez lasted no longer than a few minutes. Under these circumstances, Article VIII, Section 11(b) of the Rules has not been violated.
In consideration of the foregoing, the protest is 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
Chris Mihalow
March 7, 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 N. Capitol Street, Suite 855, Washington, DC 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
Dolly Gee, Regional Coordinator