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Office of the Election Supervisor for the International Brotherhood of Teamsters

 

 

 

 

 

 

 

 

 

 

 

 

April 23, 1996

 

 

VIA UPS OVERNIGHT

 

Robert H. Newhouse

6486 S. Saulsbury Street

Littleton, CO 80123

 

Teamsters United Slate

Teamsters Local Union 435

2941 W. 19th Avenue

Denver, CO 80204

 

Re:  Election Office Case No. P-738-LU435-RMT

 

Gentlemen:

 

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 Robert H. Newhouse, a member of Local Union 435 and candidate for delegate on the Teamsters for Justice slate in the delegate re-run election ordered by the Election Officer in Kieffer, P-360-LU435-RMT, et al. (March 19, 1996).  Mr. Newhouse alleges that campaign literature from the Teamsters United slate, headed by Local Union 435 Secretary-Treasurer Roman R. Garcia, contains statements that are false and misleading.

 

This protest was assigned for investigation to Associate Regional Coordinator

Zeik Saidman.

 

The flyer from the Teamsters United slate is titled "Attention Local 435 Members, Government and Ron Carey Overturn Local 435 Election, Why?? . . .  To Raise Your Dues!"  The text of the flyer contends that "The Washington Bureaucrats who oversee the Teamsters election have conspired with incumbent President Ron Carey to throw out the results from Local 435's democratic election" and that "he got the government to overturn our election" in order to promote a plan to raise dues.  The flyer continues, citing what the Teamsters United slate will do if elected.


Robert H. Newhouse

April 23, 1996

Page 1

 

 

In supervising the fairness and independence of the International union delegate and officer election, the Election has consistently interpreted the Rules to protect the right of members to engage in open debate and disagreement.  "The goal to be protected is free speech."  Kieffer, P-390-LU435-RMT (February 27, 1996); Newhouse, P-388-LU435-RMT (February 21, 1996).  Therefore, the Election Officer has often stated that "[t]he Rules neither prohibit nor regulate the content of campaign literature."  Newhouse; Rogers, P-518-LU373-SOU

(February 21, 1991).  See also Hughes, P-499-LU710-CHI (February 21, 1991); Hammontree,

P-530-LU667-SOU (February 25, 1991).

 

The fact that campaign statements . . . were allegedly false or even defamatory does not remove such literature from the protection of the Rules.  The model for free and fair Union elections is that of partisan political elections.  In those elections, contestants are generally allowed to make whatever assertions, allegations, statements of opinion or even of alleged facts without legal sanctions for their truth or falseness.  The cardinal principle is that the best remedy for untrue speech is more free speech, with the electorate being the final arbiter.

 

Braxton, Case No. P-304-LU623-PHL (May 21, 1991).  See Landwehr, P-LU795-MOI (November 15, 1995).

 

In this matter, the Teamsters United flyer is campaign literature.  Accordingly, the Election Officer finds that its contents are protected free speech.

 

For the reasons stated above, 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

 


Robert H. Newhouse

April 23, 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

Zeik Saidman, Associate Regional Coordinator