March 4, 1996
VIA UPS OVERNIGHT
Keith Points
March 4, 1996
Page 1
Keith Points
1204 Sherwood Eddy Drive
Jacksonville, IL 62650
Terry W. Meadows
3040 Turpin Road
Decatur, IL 62521
Dennis Huss
RR #1, Box 168
New Berlin, IL 62670
Diane Hendricks
21 Elm Tree Court
Taylorville, IL 62568
Douglas Swanson
1216 N. Brighton Avenue
Dixoli, IL 61021
Tim Donovan
505K County Road 2500, N.
Mahomet, IL 62704
Bob Ward
215 S. Walnut
Springfield, IL 62704
Gary Sullivan
1211 W. Edwards
Springfield, IL 62704
Keith Points
March 4, 1996
Page 1
Re: Election Office Case No. P-519-LU916-SCE
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 Keith Points, a member of Local Union 916, against the members of the Ron Carey slate of delegates. The protester asserts that campaign literature distributed by the charged parties concerning an opposing candidate, Gary Sullivan, is unfair and violates the Rules.
Regional Coordinator Bruce Boyens investigated the protest.
Keith Points
March 4, 1996
Page 1
Local Union 916 is currently under trusteeship by the International union. Prior to the trusteeship, Gary Sullivan was the president of the local union. Mr. Sullivan is running for delegate on the Restore the Pride ‘96 slate. On February 1, 1996, the IBT General Executive Board held a hearing on charges filed against Mr. Sullivan. The General Executive Board has not yet rendered a decision in this matter.
The literature objected to by the protester is a one-page leaflet with the following heading: “Gary Sullivan Removed From Office In Disgrace.” According to the leaflet, the “evidence of Embezzlement and Wrong-Doing” presented at the February 1 hearing “clearly showed” that Mr. Sullivan, among other things, used dues money for personal gifts, trips, and entertainment, and used the local union’s credit cards “to obtain well over $20,000 in cash advances at gambling casinos.” The leaflet urges members to “[e]lect delegates who take their responsibility to the members seriously. Choose the Carey Slate.”
The bottom of the page has the following statements:
This message brought to you by ‘The Carey Slate’
Dedicated to Putting the Membership First
Asserting that this leaflet violates the Rules, the protester states that “Mr. Sullivan is only accused of these offenses, and expects to be exonerated.” Such literature, Mr. Points contends,
“could jeopardize the election.”
The Election Officer has consistently held that the Rules “neither prohibit nor regulate the content of campaign literature.” Rogers, P-518-LU373-SOU (February 21, 1991). Rather, as the Election Officer recently stated, “[t]he goal to be protected is free speech.” Newhouse,
P-388-LU435-RMT (February 21, 1996). See Landwehr, P-201-LU795-MOI (November 15, 1995). In Braxton, P-304-LU623-PHL (May 21, 1991), the Election Officer explained:
The fact that campaign statements . . . were allegedly false or even defamatory does not remove [them] from the protection of the Rules. The model for free and fair Union elections is that of partisan political elections . . . The cardinal principle is that the best remedy for untrue speech is more free speech, with the electorate being the final arbiter.
The leaflet at issue in the instant protest is clearly identified as campaign material for the Carey slate. Accordingly, the Election Officer finds that the leaflet is protected by the Rules and 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:
Keith Points
March 4, 1996
Page 1
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
Bruce Boyens, Regional Coordinator