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Office of the Election Supervisor for the International Brotherhood of Teamsters

              April 2, 1996

 

 

VIA UPS OVERNIGHT

 


Richard Volpe

April 2, 1996

Page 1

 

 

Richard Volpe, Secretary-Treasurer

Teamsters Local Union 550

6 Tuxedo Avenue

New Hyde Park, NY 11040

 

Diana Kilmury, Vice President

International Brotherhood of Teamsters

2612 E. 47th Avenue

Vancouver, BC V5S 1C1

 

Michael Ruscigno

302 Summit Avenue

Brooklyn, NY 07306

 

Michael Caffrey

719 Brown Street

Brooklyn, NY 11235


Barbara Harvey

2915 Cadillac Tower

Detroit, MI 48226

 

Teamster Convoy Dispatch

c/o Marilyn Tenttinen

7437 Michigan Avenue

Detroit, MI 48210

 

Teamsters for a Democratic Union

c/o Ken Paff

7437 Michigan Avenue

Detroit, MI 48210

 

Paul Alan Levy

Public Citizen Litigation Group

1600 20th Street, N.W.

Washington, DC 20009


Richard Volpe

April 2, 1996

Page 1

 

 

Re:  Election Office Case No. P-679-LU550-NYC

 

Gentlepersons:

 


Richard Volpe

April 2, 1996

Page 1

 

 

A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (Rules) by Richard Volpe, secretary-treasurer of Local Union 550 and a candidate for delegate.  Mr. Volpe alleges that an article in the March 1996 issue of the Convoy Dispatch, published by the Teamsters for a Democratic Union (TDU), contains false information about him.  His protest is lodged against Diana Kilmury Local 155, Michael Ruscigno Local 138 and Mike Caffrey Local 868 et al.  He alleges that the publication is being used against his candidacy and that it is being given authenticity by the fact that Diana Kilmury is a sitting [IBT] V.P. and also a Co-Chair of the TDU.[1]

 

This protest was investigated by Regional Coordinator Bruce Boyens.

 

The Convoy Dispatch is not a union-financed publication.  The article in question states that three relatives of Mr. Volpe had lucrative jobs on the film Dead Man Walking and suggests that they got them through Mr. Volpes friendship with Tom ODonnell, who is in charge of the movie local union in New York.  Mr. Volpe denies that the three persons are relatives and states that the story is an outrageous lie.  He requests a full retraction before ballots are mailed for his local union.

 

The Election Officer finds that the article constitutes campaigning.  It connects

Messrs. Volpe and ODonnell with the Hoffa slate and it appears on the same page as two other articles containing obvious campaign material against them.  The Election Officer has consistently held that the Rules neither prohibit nor regulate the content of campaign literature.  Rogers, P-518-LU373-SOU (February 21, 1991).  Rather, as the Election Officer recently stated, [t]he goal to be protected is free speech.  Newhouse, P-388-LU435-RMT (February 21, 1996).  See Landwehr, P-201-LU795-MOI (November 15, 1995); Braxton,

P-304-LU623-PHL (May 21, 1991) (The model for free and fair Union elections is that of partisan political elections . . . The cardinal principle is that the best remedy for untrue speech is more free speech, with the electorate being the final arbiter.)

 

Accordingly, 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

 


Richard Volpe

April 2, 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

Bruce Boyens, Regional Coordinator


[1]The Election Officer has previously found that the TDU is financed exclusively by contributions permitted under the RulesHalberg, P-019-LU174-PNW et seq. (September 6, 1995).  In this protest, Mr. Volpe has not alleged any evidence to the contrary.