June 4, 1996
VIA UPS OVERNIGHT
Lyle Kent
15482 112th Avenue
Surrey, B.C. V3R 6H1
David P. Kozak, Secretary-Treasurer
Teamsters Local Union 464
490 E. Broadway
Vancouver, B.C. V5T 1X3
Re: Election Office Case No. P-783-LU464-CAN
Gentlemen:
Lyle Kent, a member of Local Union 31, 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 David Kozak, secretary-treasurer of Local Union 464. Mr. Kent alleges that Mr. Kozak violated Article VIII, Section 3(a) of the Rules by using a membership list to campaign for himself and his slate in the election of delegates from Local Union 464. The protester alleges that during the appeal hearing of Clark, P-756-LU464-CAN (decision on remand) (May 20, 1996), aff’d, 96 - Elec. App. - 195 (GSB) (May 30, 1996), Mr. Kozak admitted using the membership list in the delegate elections.[1] The protester asserts that during this appeal hearing, Mr. Kozak misrepresented himself to be an accredited candidate for International office in order to obtain and use the membership list.
Lyle Kent
June 4, 1996
Page 1
Mr. Kozak responds that he properly obtained the membership list from
Diana Kilmury, an accredited candidate for International office. He denies that he used the list in violation of the Rules.
Regional Coordinator Gwen Randall investigated the protest.
Article VIII, Section 3(a) of the Rules allows accredited or nominated candidates for International office to obtain a copy of the IBT membership list through the Election Officer. The section provides, in pertinent part:
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 Election Officer has determined that Article VIII, Section 3(a) of the Rules permits an accredited candidate for International office to allow the IBT membership list to be handled or used by the candidate’s duly designated agent for the purpose of advancing the candidate’s campaign. Cipriani, P-420 -LU391-SEC (March 1, 1996), aff’d, 95 - Elec. App. - 123 (KC) (March 13, 1996). The candidate’s agent can be a candidate for delegate whose election will advance the election of the International candidate. Id. The accredited International candidate remains strictly liable for any misuse or improper designation of the list. Id.
Mr. Kozak was a candidate for delegate from Local Union 464. He used a membership list obtained from Diana Kilmury, an accredited candidate for International office, to campaign for his slate in the delegate elections. He did not provide the list to any other candidate for delegate. Rather, he made available to other candidates a membership list compiled by the local union.
Mr. Kozak is not now an accredited candidate for International office. He has declared that if the IBT, at the upcoming convention, creates a position for a third vice-president position to be elected from Canada, then he will be a candidate for that position.
Lyle Kent
June 4, 1996
Page 1
Article VIII, Section 3 of the Rules permits Ms. Kilmury, an accredited candidate for International office, to appoint Mr. Kozak as her agent to use the list to advance her campaign by campaigning on behalf of himself and his slate in the delegate election. Cipriani, supra. Mr. Kozak may use the list in such a manner to support Ms. Kilmury’s campaign even if he is not himself an accredited 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
Gwen Randall, Regional Coordinator
[1]In Clark, supra, the Election Officer found that Mr. Kozak violated the Rules when he provided his own slate access to the union office, telephones and a membership list for campaigning, without giving advance, written notice to the other candidates that these resources would be made equally available to them.