March 20, 1996
VIA UPS OVERNIGHT
Richard Lopez
March 20, 1996
Page 1
Richard Lopez
606 N. 6th Avenue
Maywood, IL 60106
Eddie Kornegay, Trustee
Teamsters Local Union 743
300 S. Ashland Avenue
Chicago, IL 60607
Susan Davis
Cohen, Weiss and Simon
330 W. 42nd Street
New York, NY 10036
Richard Lopez
March 20, 1996
Page 1
Re: Election Office Case No. P-513-LU743-CHI
Gentlepersons:
Richard Lopez, a member of Local Union 743, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) against Local Union 743 Trustee Eddie Kornegay, who is a candidate for International trustee on the slate of candidates for International office headed by Ron Carey. The protester alleges that Mr. Kornegay violated the Rules by ordering and distributing buttons for the local union membership which are printed in the same colors as the campaign buttons of the Ron Carey slate. The protester complains that by distributing buttons to the local union membership with the same color scheme as the Carey slate campaign buttons, the trustee has effectively asked the members to support the Carey campaign.
Mr. Kornegay has agreed that the buttons could cause confusion. He advises that he has asked that all distribution of the buttons be halted and that the business agents oversee the collection of all buttons already distributed.
Adjunct Regional Coordinator Dennis M. Sarsany investigated the protest.
Richard Lopez
March 20, 1996
Page 1
For many years, Local Union 743 has distributed an annual membership button. Since at least 1985, the buttons have had a consistent design, similar to a bull’s eye. In each year since 1985, the background of the center of the button has been white and has contained the year and the words, “Warehouse Mail Order Office Technical Professional Employees.” Surrounding the center, on a background the color of which varies each year, are printed in white letters the words “Teamsters Local 743.” The buttons for 1990 and the years following also state at the bottom, “Affiliated I.B.T. & A.F.L.C.I.O.”
The colors of the 1996 button are strikingly different. The portion of the button that had been white in each previous year is now bright green, and the remainder of the button is black. The colors are the same as those used on a button distributed by the Carey slate which reads on the top half, in bright green letters on a black background, “Ron Carey Slate ‘96,” and on the bottom half, in black letters on bright green, “Putting Members First!”
The local union ordered 15,000 of these buttons on December 20, 1996.
Mr. Kornegay gave buttons to each of the business agents on January 26, 1996 for distribution to the membership. Just after this protest was filed, Mr. Kornegay issued a memorandum dated February 26, 1996 to the local union business agents directing them to cease and desist the distribution of the 1996 buttons and to retrieve any buttons that had already been distributed. The local union states that approximately 2,000 buttons were distributed before Mr. Kornegay issued his memorandum.
Article VIII, Section 8(a) of the Rules prohibits the use of union-financed publications or communications “to support or attack any candidate or the candidacy of any person.” Article VIII, Section 11(b) makes clear that while union members, including officers, are free to endorse candidates, this can only be done in the member’s “individual capacity.” The provision continues: “The Union or a Local Union as such . . . may not endorse or otherwise advance a candidacy, even if all members agree on the endorsement or candidacy.” The Election Officer has consistently prohibited a local union, or the executive board of a local union, from endorsing a candidate or a slate of candidates. See Gebow, P-963-LU677-ENG (October 14, 1991), aff’d as modified, 91 - Elec. App. - 212 (SA) (October 28, 1991); Custer, P-1098-LU673-CHI (November 18, 1991).
Previously, the Election Officer found that the local union wrongfully appropriated the Carey campaign slogan. Lopez, P-242-LU743-SCE (December 19, 1995) aff’d, 96 - Elec. App. - 51 (KC). In the 1996 buttons, the local union has appropriated the colors of the Carey campaign button. By using these colors on the 1996 membership buttons, Local Union 743 has associated the Carey campaign with the local union to an extent that the buttons are an endorsement of the campaign by the local union. Lopez, supra.
Based on the foregoing, the Election Officer finds that the local union is in violation of the Rules by its purchase and distribution of the 1996 local union membership buttons.
Accordingly, the protest is GRANTED.
Richard Lopez
March 20, 1996
Page 1
When the Election Officer determines that the Rules have been violated, she “may take whatever remedial action is appropriate.” Article XIV, Section 4. The instant matter concerning the 1996 buttons has been partially remedied to the extent that the local union has ceased and desisted from distributing the protested buttons and has tried to recover buttons already distributed. Nevertheless, the offending buttons have been distributed. Moreover, the local union has not remedied its purchase of the improper buttons.
It is the Election Officer’s determination that as a remedy for the violation found,
Mr. Kornegay shall reimburse the local union from his campaign fund for the costs of the button within seven (7) days of the date of this decision. Within two (2) days of providing such reimbursement, Mr. Kornegay shall submit an affidavit affirming that he has made payment as ordered here. The affidavit shall include the amount of the reimbursement and have attached a copy of the bill from the vendor that provided the buttons demonstrating the cost of the buttons to the local union.
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
Dennis M. Sarsany, Adjunct Regional Coordinator