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Office of the Election Supervisor for the International Brotherhood of Teamsters

              March 7, 1996

 

 

VIA UPS OVERNIGHT

 


Gary Clark

March 7, 1996

Page 1

 

 

Gary L. Clark

270 Kerry Lane

Highland, MI 48357

 

Jim Cianciolo, President

Teamsters Local Union 243

2741 Trumbull Avenue

Detroit, MI 48216


David Bailey

11437 Boyce Road

Chelsea, MI 48118


Gary Clark

March 7, 1996

Page 1

 

 

Re:  Election Office Case No.  P-473-LU273-PGH

 

Gentlemen:

 

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).  Gary Clark, a candidate for delegate from Local Union 243,  seeks a ruling that he may use a Local Union 243 membership list originally obtained from Teamsters for a Democratic Union (TDU).  Mr. Clark also contends that there was improper campaigning in the Local

Union 243 January newspaper, The Mirror, and that the name placement on a ballot of a candidate for alternate delegate is improper.

 

It is undisputed that Mr. Clark was in possession of a membership list which he got from TDU.  The local union officers deny that the January edition of The Mirror contained any improper campaigning.

 

The protest was investigated by Regional Coordinator William A. Wertheimer, Jr.

 

In Cipriani P-420-LU391-SEC et al. (March 1, 1996) (appeal pending), the Election Officer decided that:

 


Gary Clark

March 7, 1996

Page 1

 

 

Under [Article VIII, Section 3(a) of the Rules and applicable precedent] International candidates may make the list available only to those candidates for delegate who are being designated as their agents  . . .

 

The Election Officer found that TDU is a third party to which such membership lists may not be disseminated.  The Election Officer also considered whether the candidates who had obtained membership lists from the TDU were in violation of the Rules and concluded that they were not.

 

Before the decision in Cipriani was issued, Mr. Clark returned the membership list to TDU, apparently based on information he received from TDU about the Election Officers concern with TDUs distribution of the list.  The fact that Mr. Clark acted cautiously to avoid any improper conduct prior to the issuance of the Election Officers decision does not give rise to a violation.  If he is a designated agent of one of the accredited International candidates campaigns, he may obtain the list from the accredited candidate.  In addition, pursuant to Article VIII, Section 7 of the Rules, Mr. Clark may request that the local union distribute his literature at the reasonable cost of such distribution.

 

As to the January 1996 issue of The Mirror, the Rules, in Article VIII, Section 8(a) prohibit the use of union publications for campaigning.  Mr. Clark cites the appearance of a photograph of Sandy Miskel, a candidate for alternate delegate, on the front page of the issue.  However, Ms. Miskel was a late substitute as candidate, and was not a candidate at the time the picture appeared.  Where the person who is the subject of a communication has not yet been named a candidate, the protested communication is not campaigning forbidden by the RulesSee, Ruscigno, P-067-LU20-EOH (July 19, 1995); Martin, P-010-IBT-PNJ et al. (August 17, 1995) (decision on remand), affd, 95 - Elec. App. - 18 (KC) (October 2, 1995).

 

Mr. Clark also objects to the coverage of declared candidates Messrs. Cianciolo and Lowran. As stated in Martin and Ruscigno, the Election Officer looks to the tone, content, and timing of the communications at issue to determine whether campaigning has occurred.  She also reviews the context of the challenged communications.  Here a Presidents Report from Mr. Cianciolo discusses the upcoming elections as part of the important business facing the local union.  Like the candidate discussed in Martin, Mr. Cianciolo and Mr. Lowran have the right and responsibility to discuss the business of the union with its members. The matters discussed in Mr. Cianciolos column -- the elections, contract negotiations with an employer, pending legislation -- are of interest to members, central to local union business, and newsworthy. They are appropriate as to content and timing. The same reasoning and result apply to Mr. Lowrans discussion of pending legislation.  The Cianciolo column protested here is also acceptable in tone:  a neutral discussion of the elections and no mention, partisan or otherwise, of any candidates.  These columns do not constitute improper campaigning.  The pictures of Mr. Cianciolo and Mr. Lowran accompanying their respective columns are reasonably related to these features of the newspaper.

 


Gary Clark

March 7, 1996

Page 1

 

 

As to the ballot issue, Mr. Clark has been shown a later mock-up of the ballot with the name placement altered, and no longer objects to the layout of the ballot.

 

Accordingly, on the issue of  ballot placement, the protest is RESOLVED, and in all other respects, 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

 

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

William A. Wertheimer, Jr., Regional Coordinator