March 15, 1996
VIA UPS OVERNIGHT
John Palmer
March 15, 1996
Page 1
John Palmer
801 Meadow Gate
Converse, TX 78109
Rick Glasebrook, President
Teamsters Local Union 657
8214 Roughrider
San Antonio, TX 78239
Members’ Voice Slate
c/o Albert Martinez
741 W. Glenn
San Antonio, TX 78225
John Palmer
March 15, 1996
Page 1
Re: Election Office Case Nos. P-579-LU657-SOU
P-602-LU657-SOU
Gentlemen:
John Palmer, a member of Local Union 657, 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 the campaign literature received at his home in the mailings, which are separately protested, did not contain the disclaimer required by the Rules. Albert Martinez, a representative of the Members’ Voice slate, responds that the mailings were self-evidently campaign literature and do not need a disclaimer, and that the statement “Pd. By Members’ Voice Slate” was enough to disclose that the literature was not endorsed by the local union. Because these protests involve the same issue, they were consolidated for decision.
Regional Coordinator Dolores C. Hall investigated the protests.
Article VIII, Section 7(a)(3) of the Rules requires that mailings using the local union’s non-profit bulk-rate permit carry disclaimers stating that the mailed literature is not endorsed by the local union.
John Palmer
March 15, 1996
Page 1
A review of the literature, which is the basis of the protest, shows that the Members’ Voice slate sent two tri‑fold campaign literature mailings using the union’s non‑profit bulk‑rate postage permit, which includes the return address of Local Union 512. No disclaimer is printed on the face of the mailings, or any other part, stating that the mailings are campaign literature, the contents of which are not endorsed by the union.
The purpose of the disclosure requirement is to ensure that recipients of the mailing are not misled about the nature of the mailing. By using the non‑profit bulk‑rate permit, which requires the local union’s return address, members may be led to believe that the information
contained in the mailing is official union correspondence rather than campaign material
if the disclosure is not placed on the mailing, as required by the Rules.
It is clear that the Members’ Voice slate mailings were in technical violation of the Rules. Accordingly, the protest is GRANTED.
In determining the appropriate remedy, the Election Officer notes that the mailings were in the form of tri‑fold leaflets, not enclosed in envelopes. The leaflets were clearly partisan advocacy, campaign literature and immediately discernable as such. A member reviewing the leaflets would immediately recognize them as campaign literature and not an official local union mailing. Therefore, the Election Officer does not find the election process was undermined in any way based on these violations. However, the Election Officer orders the Members’ Voice slate to use the required disclaimer if the slate uses the union’s non‑profit bulk‑rate mailing permit to mail any campaign literature in the future.
The Election Officer also finds that Mr. Martinez repeatedly sought advice from
Frank Perkins, secretary-treasurer of Local Union 657, as to the requirements of the Rules, and that Mr. Perkins notably failed to mention that a disclaimer is required. Accordingly, the Election Officer cautions Mr. Perkins that he should ensure that this requirement is identified in his future response to members seeking advice on mailing requirements under the Rules.
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
John Palmer
March 15, 1996
Page 1
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
Dolores C. Hall, Regional Coordinator