March 11, 1996
VIA UPS OVERNIGHT
Anthony Fiori
March 11, 1996
Page 1
Anthony Fiori
5917 South Nashville
Chicago, IL 60638
Fair and Equity Slate
c/o Teamsters Local Union 726
300 S. Ashland Avenue, Room 206
Chicago, IL 60607
Daniel Stefanski, Secretary-Treasurer
Teamsters Local Union 726
300 S. Ashland Avenue, Room 206
Chicago, IL 60607
James King
8314 S. Dante Street
Chicago, IL 60619
John Falzone
6006 S. Meade
Chicago, IL 60638
Thomas V. Judkins
2922 N. Keating
Chicago, IL 60641
Rafael J. Godina
1951 W. 34th Place
Chicago, IL 60608
John Hurley
11216 S. Fairfield
Chicago, IL 60655
Michael Marcatante
27 W. 212 Pintail Court
Winfield, IL 60190
Anthony Fiori
March 11, 1996
Page 1
Re: Election Office Case No. P-530-LU726-CHI
Gentlepersons:
Anthony Fiori, a member of Local Union 726, 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”). The protester alleges that Local Union 726 has made an illegal campaign contribution by purchasing and distributing coffee mugs imprinted with the Teamsters logo and the names of the members of Local Union 726 Executive Board members, seven of whom are also candidates for delegate from the local union.
Anthony Fiori
March 11, 1996
Page 1
Local Union 726 responds that it has been the practice of the local union to distribute specialty items to its members. Further, the local states, there is no reference on the mugs to the delegate candidates or to the delegate election.
Regional Coordinator Julie E. Hamos investigated the protest.
Local Union 726 ordered coffee mugs which its officers, stewards, and members distributed during January 1996. The names and titles of the nine executive board members are on the mugs. Seven of the executive board members are also candidates on the Fair and Equity slate of candidates for delegate.
Article XII, Section 1(b)(1) prohibits campaign contributions from the union. The term “campaign contribution” is broadly defined in the Rules to include “any direct or indirect contribution of money or other thing of value where the purpose, object or foreseeable effect of that contribution is to influence, positively or negatively, the election of a candidate . . . ” Rules, Definitions, 5.
In Martinez, P-454-LU657-SOU (February 29, 1996), the Election Officer decided that a local union did not distribute pocket calendars with the intent or foreseeable effect of influencing the delegate election. She reached her decision by considering the factual circumstances surrounding the distribution of the calendars, in particular, the past practice of the local’s distributing gifts, and the reasons for the timing of the distribution of the protested gifts.
Here, the local has a practice of distributing specialty items to its members. During the 14 months since the current executive board was elected, the local union has distributed wall calendars, date books, ink pens, pins, baseball caps, t-shirts and hair brushes, all bearing the Teamsters logo. The date books and wall calendars include the names of the local union executive board.
The timing of the distribution of the protested coffee mugs is attributable to the fact that in late 1995, the vendor of the mugs, Leonard J. Sitko & Associates, visited a number of local unions who share a building in Chicago, including Local Union 726, to solicit orders for the mugs, offering a year-end discount of almost half the price of the mugs.
The Election Officer finds sufficient evidence here that Local Union 726 did not distribute the coffee mugs with the intent or foreseeable effect of influencing the election for delegates from the local union. Accordingly, 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:
Anthony Fiori
March 11, 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
Julie E. Hamos, Regional Coordinator