June 20, 1996
VIA UPS OVERNIGHT
Garry Langhorne
June 20, 1996
Page 1
Garry Harrington
824 Duxbury Road
Langhorne, PA 19047
Ted Carpino
6238 Erdrick Street
Philadelphia, PA 19135
Thomas Terinoni
547 Ashland Road
Hockessin, DE 19707
Garry Langhorne
June 20, 1996
Page 1
Re: Election Office Case No. P-809-LU623-PNJ
Gentlemen:
Garry Harrington, a member of Local Union 623, 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 Ted Carpino and Thomas Teronini, also members of Local Union 623. The protester alleges that Mr. Carpino and Mr. Teronini violated the Rules by circulating, on work time and on work premises, a petition supporting the candidacy of Ron Carey for general president.
Mr. Carpino responds that he circulated a petition while he was on work premises but maintains that he did not do this on work time. Mr. Teronini was unavailable to respond to the protest as he was on active duty with a reserve unit.
Regional Coordinator Peter V. Marks, Sr. investigated the protest.
The protester and the charged parties work at the United Parcel Service (UPS) facility on Oregon Avenue in Philadelphia, Pennsylvania. While at work on or about June 12, 1996, Mr. Carpino and Mr. Teronini circulated petitions supporting Ron Carey’s re-election. Start time for the UPS drivers is 8:10 a.m. The witnesses identified by the protester concur that Messrs. Carpino and Teronini circulated petitions prior to the 8:10 a.m. start time for the drivers.
Garry Langhorne
June 20, 1996
Page 1
Pursuant to Article VIII, Section 11(a), “[a]ll union members retain the right to participate in campaign activities, including the right to run for office, to support or oppose any candidate, to aid or campaign for any candidate, and to make personal campaign contributions.” However, “[n]o candidate or member may campaign during his/her working hours. Campaigning incidental to work is not, however, violative of this section. Further, campaigning during paid vacation, paid lunch hours or breaks, or similar paid time off is also not violative of this section.”
Mr. Carpino and Mr. Teronini circulated petitions while on work premises, but did not campaign during their work hours, or during the work hours of the persons from whom they solicited signatures. Their activity, therefore, did not violate the Rules.
The protest is therefore 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
Peter V. Marks, Sr., Regional Coordinator