Protest Decisions

              March 26, 1996

VIA UPS OVERNIGHT

Daniel MacGregor, Jr.

7503 Rickman Street

Jacksonville, FL 32244

William E. Striglers, Secretary-Treasurer

Teamsters Local Union 512

1210 Lane Avenue, N.

Jacksonville, FL 32254

Re:  Election Office Case No. P-661-LU512-SEC

Gentlemen:

This 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 Daniel MacGregor, Jr., a member of Local Union 512.  The protester alleges that, upon his request, the local union failed to provide copies of the local union election plan, bylaws, work-site list and mailing list or to allow him to inspect the local union’s collective bargaining agreements, in violation of the Rules.  The protester further alleges that he was provided with inaccurate information regarding the cost of mailing campaign material through the local union.  He contends that this misinformation hindered his campaign, in violation of the Rules.

William E. Striglers, Jr., secretary-treasurer of Local Union 512, responds that he was out of town when the protester’s request for documents was received.  He states that he responded promptly to the request upon his return.

The protest was investigated by Regional Coordinator J. Griffin Morgan.

Daniel MacGregor, Jr.

March 26, 1996

Page 1

1.  Request to Provide Documents

Article VIII, Section 1(b) of the Rules requires local unions to provide work-site lists to candidates when requested.  Local unions are not required, however, to provide membership lists to candidates.  Under Article VIII, Section 2 of the Rules, candidates are granted the right to inspect the local union’s membership list, but this section does not stipulate that candidates be furnished with a copy.  Likewise, the Rules require that summaries of the approved election plan be posted on union bulletin boards, but does not grant candidates the right to demand that a copy of the plan be provided to them.

The investigation revealed that Mr. MacGregor requested by letter to Mr. Striglers, dated March 6, 1996, that he be provided with copies of the local union bylaws, the local union election plan, the work-site list, a local union mailing list and a “cost-analysis for mailings, i.e., printing costs, mailing costs to the entire membership and by individual employers, man-power costs for stuffing envelopes, and the price of the bulk-rate mailing for pre-stuffed envelopes.”  In the same letter, Mr. MacGregor requests that a date be reserved “at your earliest opportunity to view all of the collective bargaining agreements.”

Mr. Striglers sent the protester copies of the local union’s bylaws and the work-site list on March 13, 1996.  These copies were accompanied by a letter in which Mr. Striglers stated that the local union does not distribute its membership mailing list.  Mr. Striglers did not provide a copy of the local union election plan.  He did not refer in this letter to the protester’s request to view the collective bargaining agreements.  In response to the protester’s request for a price quote, Mr. Striglers stated, “Your cost for a bulk rate mailing could possibly [sic] come out to be $934.40 for postage plus $180 for processing, but the actual price is not determined until labels are turned in to [the mailing service].”  Mr. Striglers did not provide a price quote for mailing to members by employer as requested by the protester.

Mr. Striglers provided the protester with copies of documents to which he is entitled under the Rules.  Mr. Striglers’ failure to provide Mr. MacGregor with copies of the election plan or the membership list is not a violation of the Rules.

Article VIII, Section 1(a) of the Rules, however, states:

Daniel MacGregor, Jr.

March 26, 1996

Page 1

Each delegate candidate, each alternate delegate candidate and each nominated or accredited International Officer candidate has the right under this Section to inspect and make notes from all collective bargaining agreements (including all modifications, supplements, riders, stipulations and appendices) covering any member of the Local Union.  This right includes the right to inspect and make notes from the documents identifying members of employer associations which are signatories to collective bargaining agreements covering any member of the Local Union. Requests to inspect or make notes from such agreements shall be made to the Local Union’s Secretary-Treasurer or principal executive officer in writing and shall be honored within five (5) days.  The right provided herein is independent of the right to inspect or receive a copy of a collective bargaining agreement under Section 104 of the Labor-Management Reporting & Disclosure Act of 1959, which is incorporated into the Rules by Article XIII.

As a result, Mr. Striglers’ failure to respond to the protester’s written request to view the local union’s collective bargaining agreements constitutes a violation of the Rules.

2.  Campaign Material Mailing Information

Article VIII, Section 7(a)(3) of the Rules states:

The Union shall honor requests for distribution of literature by any lawful class or type of mail or postage, including, to the extent permitted by postal regulations, utilization of any non-profit organization bulk-rate permit of the International or Local Union or any other subordinate body of the Union utilized by the Local Union.  All literature distributed through use of the non-profit organization bulk-rate permit shall clearly state that it is campaign literature, the contents of which are not endorsed by the Union.

Additionally, Article VIII, Section 7(a)(2) of the Rules provides:

The Union shall honor requests for distribution of literature to only a portion or segment of the membership, as determined by the candidate, unless the Union can show such distribution is impracticable.

In his letter requesting a “cost-analysis,” Mr. MacGregor requests a price quote for the “bulk-rate mailing of pre-stuffed envelopes.”  He also requests that this analysis include estimates for mailings to the entire membership and “by individual employers.”

The investigation revealed, however, that the estimated price quote for postage provided to the protester was not for a bulk-rate mailing, but for a mailing by first-class mail.[1]  In addition, this estimate was for a mailing to the entire membership of the local union. 

Mr. Striglers did not provide any information regarding the cost of directed mailings to members working for specific employers.

Daniel MacGregor, Jr.

March 26, 1996

Page 1

As a result of this information, the protester decided that a mailing would be prohibitively expensive.  He states that he seriously considered spending up to $500 on a mailing of campaign literature.  When he was quoted an estimated postage cost of $934.40, he decided he could not afford to send material to the membership of Local Union 512 and he was provided with no information on the cost of mailing to members at specific employers.

The Election Officer finds this to be a violation of Article VIII, Section 7 of the Rules.  The cost analysis provided by Mr. Striglers failed to allow the protester to make an informed decision regarding his choice to distribute campaign materials through the local union. 

Mr. Striglers’ actions impermissibly interfered with Mr. MacGregor’s right, guaranteed by the Rules, to have his material distributed in accordance with the stipulations of Article VIII, Section 8.

Accordingly, the protest is GRANTED as to the failure to provide an opportunity to review the collective bargaining agreements and the failure to provide bulk-rate mailing costs and costs of mailing to members at specific employers.  The protest is DENIED in all other respects.

When the Election Officer determines that the Rules have been violated, she “may take whatever remedial action is appropriate.”  Article XIV, Section 4.  In fashioning the appropriate remedy, the Election Officer views the nature and seriousness of the violation, as well as its potential for interfering with the election process.

The Election Officer orders the following:

1.  Local Union 512 is ordered to allow Mr. MacGregor to review its collective bargaining agreements (including all modifications, supplements, riders, stipulations and appendices) covering any member of the local union within two (2) days of the receipt of this decision.  Within three (3) days of

Mr. MacGregor’s review of this material, the local union shall submit an affidavit indicating compliance with this portion of the order.

2.  Local Union 512 shall send to every member of the local union, at its expense and via first-class mail, one mailing of campaign material provided to it by Mr. MacGregor.  The literature for this mailing shall be no longer than a single page, 8½11 inches and may be printed on both sides. 

Mr. MacGregor shall provide to Local Union 512 sufficient copies of his literature for this mailing, tri-folded so as to be suitable for mailing.  The mailing shall be performed at Local Union 512’s expense within two (2) business days of the date the literature is provided.

Daniel MacGregor, Jr.

March 26, 1996

Page 1

At the time that literature is submitted to Local Union 512 pursuant to the preceding paragraph, the protester shall simultaneously provide a copy of such literature to the Election Officer.  Local Union 512 shall, within three (3) days of the date on which the mailing is made, submit an affidavit to the Election Officer demonstrating the steps it has taken to comply with this decision.

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

J. Griffin Morgan, Regional Coordinator