April 16, 1996
VIA UPS OVERNIGHT
Mike Furtado & Joseph DiPrisco
April 16, 1996
Page 1
Mike Furtado
4446 Gibraltar
Fremont, CA 94536
Joseph DiPrisco, Secretary-Treasurer
Teamsters Local Union 302
2100 Merced Street, Suite B
San Leandro, CA 94577
Daniel A. Smith
901 W. 6th Street
Antioch, CA 94509
Jerry Deschler
c/o Daniel A. Smith
901 W. 6th Street
Antioch, CA 94509
Mike Furtado & Joseph DiPrisco
April 16, 1996
Page 1
Re: Election Office Case Nos. P-705-LU302-CSF, P-719-LU302-CSF
Gentlemen:
Mike Furtado and Joe DiPrisco, members of Local Union 302, filed pre-election protests pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”). Both protesters allege that campaign flyers they received from the campaign of the Teamsters for Carey slate of delegate and alternate delegate candidates were mailed to local union members using address labels “from an unauthorized source.” The protesters also speculate that the labels may have come from an employer because only members who were Berkeley Farms employees received the flyer.
Mr. Smith responds that the labels were obtained from the Carey campaign organization in Washington, D.C.
Regional Coordinator Matthew D. Ross investigated the protest.
The protesters contend that because these candidates did not make a mailing request through the local union, they must have obtained the list in violation of the Rules.
Mike Furtado & Joseph DiPrisco
April 16, 1996
Page 1
Article VIII, Section 3 of the Rules allows candidates for International office to use membership lists for “advancing the candidate’s campaign for nomination and/or election . . .”
According to Mr. Smith, the labels were sent to the mailing house, Adept Enterprises, by the Carey campaign. Mr. Smith produced the flyers, stuffed the envelopes, added postage and delivered the literature to the mailing house. The mailing house affixed the labels and mailed the material to the local union membership. Mr. Smith paid for the production of the flyers and the mailing cost and supplied copies of receipts to the Regional Coordinator to confirm these payments.
Mr. Carey’s campaign organization provided mailing labels for Messrs. Smith and Deschler to assist in their election. Such use of the membership lists constitutes action to advance a candidate’s campaign for nomination and does not violate the Rules. See Cipriani,
et al., P-420-LU391-SEC, et seq. (March 1, 1996), aff’d, 95 - Elec. App. - 123 (KC) (March 13, 1996); Miraglio, P-658-P439-CSF (April 4, 1996). Therefore, the source of the labels, the mailing and the payment for the flyer and mailing, did not violate the Rules.
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
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
Matthew D. Ross, Regional Coordinator