August 27, 1996
VIA UPS OVERNIGHT
Terry Meadows
3040 Turpin Road
Decatur, IL 62521
William Shrader, President
Teamsters Local Union 916
2701 N. Dirksen Parkway
Springfield, IL 62702
Re: Election Office Case No. P-877-LU916-SCE
Gentlemen:
Terry W. Meadows, a member of Local Union 916, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) against Local Union 916 and its president,
Willie Shrader. The protester alleges that the local union and Mr. Shrader violated the Rules by permitting campaign bumper stickers to be displayed in front of the local union hall.
Mr. Shrader responds that bumper stickers for the campaign of James P. Hoffa were posted on telephone poles in front of the union hall. He states that although the poles are not the property of the local union, he nevertheless removed the protested stickers.
Regional Coordinator Bruce Boyens investigated the protest.
There is no dispute that Hoffa bumper stickers were posted on telephone poles in front of the Local Union 916 hall. Mr. Shrader states that he learned of these on Thursday,
August 15, and intended to remove them promptly. He states that due to the press of union business, he did not remove the stickers until Saturday, August 17.
Terry Meadows
August 27, 1996
Page 1
There is also evidence that a Hoffa bumper sticker was stuck on the door of the local union hall some time during the following weekend when the office was closed. It is not known, however, who affixed the sticker. When Local Union 916 staff came to work on Monday, the bumper sticker was removed.
Campaigning must not involve the expenditure of union funds. Article VIII,
Section 11(c) and Article XII, Section 1(b)(3) prohibit the use of any union funds or resources to promote the candidacy of any individual.
Thus, a local union makes a campaign contribution prohibited by the Rules by displaying a campaign sign for one candidate on the outside wall of a local union hall. Pope, P-046-JC7-PNJ (October 13, 1995), aff’d, 95 - Elec. App. - 35 (November 14, 1995). However, the Rules neither protect nor sanction posting campaign materials displayed on non-union property such as public utility poles or public signs alongside public streets or sidewalks. Braga, P-795-LU439-CSF (June 19, 1996).
The Election Officer finds that Local Union 916 did not violate the Rules when a campaign bumper sticker was affixed to telephone poles owned by a public utility in front of the local union hall. While the local union may not display a sticker for one candidate on the exterior of its building, given the lack of evidence as to who stuck the sticker on the local union door, the evidence that the incident took place over the weekend, and that the sticker was promptly removed the following Monday, the Election Officer finds no violation with respect to the campaign sticker briefly displayed on the local union door.
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
Terry Meadows
August 27, 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
Bruce Boyens, Regional Coordinator