March 20, 1996
VIA UPS OVERNIGHT
Matthew Pung
March 20, 1996
Page 1
Matthew Pung
2809 Colanthe
Las Vegas, NV 89102
Robert R. McClone, Secretary-Treasurer
Teamsters Local Union 631
307 Wall Street
Las Vegas, NV 89102
David Deitrich
Teamsters Local Union 631
307 Wall Street
Las Vegas, NV 89102
Cheryl Schmit
Teamsters Local Union 631
307 Wall Street
Las Vegas, NV 89102
Ozzie Osburn
Teamsters Local Union 631
307 Wall Street
Las Vegas, NV 89102
Tom Corey
Teamsters Local Union 631
307 Wall Street
Las Vegas, NV 89102
Chris Christian
Teamsters Local Union 631
307 Wall Street
Las Vegas, NV 89102
Dennis Cairns
Teamsters Local Union 631
307 Wall Street
Las Vegas, NV 89102
Matthew Pung
March 20, 1996
Page 1
Re: Election Office Case No. P-636-LU631-CLA
Gentlepersons:
Matthew Pung, a member of Local Union 631, 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 a slate of officers from Local 631 is identified on the ballots for delegate election as the “Local 631 Executive Board.” Mr. Pung contends that such a slate name creates the appearance of local union endorsement for the slate, giving that slate an unfair advantage.
Matthew Pung
March 20, 1996
Page 1
Associate Regional Coordinator Glenn Rothner investigated the protest.
The proposed ballot does in fact identify the slate as “Local Union 631 Executive Board.” The relevant provision, Article II, Section 10(c) of the Rules, states:
Candidates shall be identified on the ballot only by name and, if affiliated, by slate. Where a similarity in names may cause confusion, appropriate additional identification shall be added. No asterisks or similar markings distinguishing incumbency shall be placed on the ballot.
The decisions of the Election Officer interpreting this provision of the Rules have been required to reconcile two principles: giving the greatest possible freedom to each slate to choose its own name (see Harrington, P-159-LU890-CSF (September 27, 1995) (use of local union number in slate name not prohibited); Holland, P-188-LU480-SCE et al. (October 12, 1995) (“Teamsters Local #480" not a prohibited slate name)); and not giving incumbents an unfair advantage. See Hasegawa, P-349-LU174-PNW (January 31, 1991).
The Election Officer finds that the foregoing cases can be distinguished from this one. In each case the word “slate”--which suggests candidacy rather than incumbency--was part of the name being protested. Here the “Local 631 Executive Board” designation does not include that word. However, that slate has now agreed to include the word “slate” in its ballot-designation. Such a name change will inform voters that this is a group of candidates on the ballot, rather than the officers as incumbents.
Accordingly, and in light of the foregoing discussion, the protest is RESOLVED.
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
Matthew Pung
March 20, 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
Glenn Rothner, Associate Regional Coordinator