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Office of the Election Supervisor for the International Brotherhood of Teamsters

              May 8, 1996

 

 

VIA UPS OVERNIGHT

 


Shannon McCarthy Primarolo

May 8, 1996

Page 1

 

 

Shannon McCarthy Primarolo

130 S. 4th Avenue

Ilion, NY 13357

 

Terence Majka, President

Teamsters Local Union 182

5 Rutger Park

Utica, NY 13501


John Amodio, Vice President

Teamsters Local Union 182

5 Rutger Park

Utica, NY 13501

 

Gene Barber, Trustee

Teamsters Local Union 182

5 Rutger Park

Utica, NY 13501


Shannon McCarthy Primarolo

May 8, 1996

Page 1

 

 

Re:  Election Office Case No. P-754-LU182-PGH

 

Gentlepersons:

 

Shannon McCarthy Primarolo, a member of Local Union 182, filed a post-election protest pursuant to Article XIV, Section 3 of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (Rules).  The protester alleges that a short message sent to Local Union 182 members from the local union president and recording secretary, which was part of the May meeting schedule thanking those who participated in the delegate election, was campaigning, in violation of the Rules.                                                                     

 

Local Union 182 President Terence Majika responds that the message was appropriate local union business and could not have been campaigning in violation of the Rules because the delegate election had concluded.

 

Regional Coordinator William B. Kane investigated the protest.

 

Article VIII, Section 8(a) of the Rules states that a union-financed publication or communication may not be used to support or attack any candidate or the candidacy of any person.  In reviewing union-financed communications for improper campaign content, the Election Officer looks to the tone, content and timing of the publication.  Martin, P-010-


Shannon McCarthy Primarolo

May 8, 1996

Page 1

 

 

IBT-PNJ, et al. (August 17, 1995) (decision on remand), affd, 95 - Elec. App. - 18 (KC) (October 2, 1995).  In Martin, the Election Officer recognized that union officers and officials have a right and responsibility to exercise the powers of their office and to advise and report to the membership on issues of general concern (quoting Camarata v. International Bhd. of Teamsters, 478 F. Supp. 321, 330 (D.D.C. 1979), affd, 108 L.R.R.M. (BNA) 2924 (D.C. Cir. 1981)).

 

Ms. Primarolo was an unsuccessful candidate in the local unions delegate election in which the ballots were counted on April 8.  The message in question was included in a notice received by the protester on April 28, 1996.  The message states:

 

The Executive Board, Agents and Candidates thank everyone for their partcipation in the recent delegate election.

 

The Election Officer finds that the message was not campaigning because it neither supported nor attacked any candidate.  Accordingly, 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

William B. Kane, Regional Coordinator