March 13, 1996
VIA UPS OVERNIGHT
Pat Darrow & Pat Ziga
March 13, 1996
Page 1
Pat Darrow
6341 Redbird Terrace
Clinton, OH 44216
Pat Ziga
180 Rhodes Avenue
Akron, OH 44302
Bob DeStefano, Secretary-Treasurer
Teamsters Local Union 348
272 W. Market Street
Akron, OH 44303
Pat Darrow & Pat Ziga
March 13, 1996
Page 1
Re: Election Office Case No. P-545-LU348-CLE
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
Pat Darrow and Pat Ziga, members of Local Union 348 and candidates for delegate and alternate delegate, respectively, on the DeStefano/Darrow Leadership Team slate. The protestors allege that Local Union 348 Secretary-Treasurer Robert DeStefano, also a candidate for delegate, used union resources to draft and mail a letter sent to the members of Local Union 348 that falsely criticized their job performances as former business agents and negatively influenced their candidacies. The protesters further allege that Mr. DeStefano refused their request that they be permitted to send a similar mailing to local union members.
This protest was investigated by Regional Coordinator Joyce Goldstein.
The protesters and Mr. DeStefano are candidates on the DeStefano/Darrow Leadership Team slate. Mr. DeStefano is the secretary-treasurer of local union 348. He assumed this position following the retirement of Dan Darrow, the former secretary-treasurer. The protesters are members of the Local Union 348 Executive Board. Following Mr. Darrow’s retirement on February 16, 1996, Mr. DeStefano fired the protesters from their jobs as local union business agents and replaced them with a delegate candidate from an opposing slate. Since this action, animosity has persisted between the protesters and Mr. DeStefano.
Pat Darrow & Pat Ziga
March 13, 1996
Page 1
On February 20, 1996, Mr. DeStefano sent a four-page letter to Local Union 348 members on local union stationary purporting to describe recent events, including the political rifts within the local union concerning Mr. DeStefano’s refusal to support the appointment of
Pat Darrow to the secretary-treasurer position, that preceded the firings of the protesters. In the letter, Mr. DeStefano states that Dan Darrow, Sr., before retiring, attempted to garner his support for Pat Darrow’s bid to become secretary-treasurer. Mr. DeStefano refused, stating the reasons in his letter--that Pat Darrow was “inexperienced” and that the “local union is not a family dynasty.” The letter states that the protesters thereafter held a grudge against him for not stepping aside. Subsequently, “scores of complaints from union stewards and members” were received by his office relating to the protesters’ job performances. On advice from a represen-tative of the Ohio Conference of Teamsters and based on the complaints, Mr. DeStefano fired the protesters.
The letter further describes the financial status that Mr. Darrow left the local union in, and accuses the protesters of refusing to turn over their union automobiles and other union property. The letter ends by stating that the protesters have threatened to take legal action against Mr. DeStefano in “a number of forums,” but that he would work to see that the members receive the “best possible representation.”[1]
Article VIII, Section 8(a) of the Rules states that a union-financed publication or communication may not be “used to support or attack any candidate or the candidacy of any person.”
The Election Officer has consistently used the tone, timing and content test in determining when a publication constitutes campaigning. Jacob, P-071-LU319-EOH
(September 7, 1995), aff'd, 95 - Elec. App. - 19 (KC) (October 3, 1995); Martin, P-010-IBT-PNJ, et seq. (August 17, 1995), aff’d, 95 - Elec. App. - 18 (KC) (October 2, 1995). She also “reviews the specific context in which the communication takes place.” Jacob, supra. “[U]nion officers retain both the right and responsibility to exercise the powers of their office to advise and report to the membership on issues of general concern.” Martin, supra.
The Election Officer finds that while this letter may have impact upon the election because its subject concerns members who are candidates, the letter does not constitute campaigning. The letter pertains to issues of legitimate institutional interest to the local union--actions taken by its principal officer subsequent to a change in union leadership. Although there are numerous critical references to the protesters, they concern local union politics and local union affairs. There is no reference to the delegate or International officer elections.
Pat Darrow & Pat Ziga
March 13, 1996
Page 1
“[U]nion officers retain both the right and responsibility to exercise the powers of their office to advise and report to the membership on issues of general concern.” Martin, supra. There can be no dispute that the financial state of the local union, the efforts of the new leadership to improve the finances as well as resolve political rifts in the union, are matters which the local union leadership may communicate without violating Article VII, Section 8(a), above. While the letter may be critical of the former business agents who may now be delegates, “criticism of a candidate, in and of itself, does not rise to the level of campaigning.” Blake, Case No. P-245-JC42-CLA (December 18, 1995), aff’d, 96 - Elec. App. - 54 (January 12, 1996).
In consideration of the foregoing, this 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
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
Joyce Goldstein, Regional Coordinator
[1]Apart from the protest, the protesters were among a group who have pursued legal action against Mr. DeStefano.