June 7, 1996
VIA UPS OVERNIGHT
Walter A. Engelbert
June 7, 1996
Page 1
Walter A. Engelbert, Secretary-Treasurer
Teamsters Local Union 670
750 Browning Avenue, S.E.
Salem, OR 97302
Romero/Krasznavolgyi Slate
c/o Victor Romero
P.O. Box 277
Middleton, ID 83644
Teamsters for a Democratic Union
7437 Michigan Avenue
Detroit, MI 48210
Paul A. Levy
Public Citizen Litigation Group
1600 20th Street, N.W.
Washington, DC 20009
Walter A. Engelbert
June 7, 1996
Page 1
Re: Election Office Case No. P-698-LU670-PNW
Gentlemen:
Walter A. Engelbert, secretary-treasurer of Local Union 670, filed a protest pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) against Victor Romero and June Krasznavolgyi, candidates for local union officer of Local Union 670. The protester alleges that Mr. Romero and Ms. Krasznavolgyi improperly used a membership list provided them by the campaign of Ron Carey or by the Teamsters for a Democratic Union (“TDU”) via International Vice President Diana Kilmury. Mr. Carey and Ms. Kilmury had obtained the list from the Election Officer, pursuant to the Rules. The protester asserts that Mr. Romero and Ms. Krasznavolgyi used the list to campaign in the local union officer election, a use which is not permitted by the Rules.
Mr. Romero and Ms. Krawznavolgyi deny using a membership list obtained through the procedure set forth in the Rules. The Carey campaign denies providing a copy of the IBT membership list to Mr. Romero or Ms. Krasznavolgyi.
Regional Coordinator Christine M. Mrak investigated this protest.
Walter A. Engelbert
June 7, 1996
Page 1
Article VIII, Section 3(a) of the Rules allows accredited or nominated candidates for International office to obtain through the Election Officer a copy of a membership list prepared by the IBT. The section provides:
No membership list may be used for any purpose other than advancing the accredited or nominated candidate’s campaign for nomination and/or election. Use of a membership list in support of the election of delegate and/or alternate delegate candidates shall not constitute misuse of the list, provided that the list is used solely to advance the accredited or nominated candidate’s campaign for nomination and/or election.
The section further prohibits the distribution of the membership list to any candidate who fails to promise by affidavit that “he/she will not use or permit use of the membership list for any purpose other than advancing that candidate’s campaign for nomination and/or election and that he/she will not provide the list to nor permit inspection or copying of the list by any third parties.” The section further warns that “[a] violation of this paragraph is punishable by contempt, pursuant to the Opinion and Order of the United States District Court for the Southern District of New York (Hon. David N. Edelstein), dated August 22, 1995.”
The protester alleges that the addresses of certain Local Union 670 members who have received campaign mailings from the Romero/Krasznavolgyi slate are only available through union records. Therefore, he deduces, the slate must have obtained these addresses from the campaign of Ron Carey or TDU via Ms. Kilmury after those parties obtained a list of the IBT membership pursuant to Article VIII, Section 3(a) of the Rules. Similarly, he asserts that since the slate mailed campaign literature to local union shop stewards, the slate must have obtained a list of the local union shop stewards by using TITAN records maintained by the International union.
There is no evidence that the Carey campaign, or any accredited International candidate, provided a copy of a membership list obtained through Article VIII, Section 3(a) of the Rules to the Romero/Krasznavolgyi slate. Pursuant to the Order in Cipriani, et al., P-420-LU391-SEC, et seq. (March 1, 1996), aff’d 96 - Elec. App. - 123 (KC) (March 13, 1996), TDU has provided information indicating that Local Union 670 was not one of the local unions in which members had received Ms. Kilmury’s membership list. The membership information allegedly possessed by the local union officer candidates is contained in union records. As the protester has acknowledged, such union records may be accessed by persons other than accredited International candidates. Thus, it does not automatically follow, and the Election Officer can not conclude, that the Romero/Krasznavolgyi slate obtained membership information from an accredited International candidate who obtained a list pursuant to
Article VIII, Section 3(a). The question of whether the slate’s use of the list in the local union officer elections was improper by reference to any authority, policy or practice apart from the Rules is beyond the jurisdiction of the Election Officer whose authority is restricted to the International union delegate and officer elections.
Walter A. Engelbert
June 7, 1996
Page 1
Based on the foregoing, the 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
Christine M. Mrak, Regional Coordinator