October 28, 1996
VIA UPS OVERNIGHT
William Van Der Woude
October 28, 1996
Page 1
William Van Der Woude
12 Oakengates Drive
Toms River, NJ 08757
Peter Mastrandea, Deputy Trustee
Teamsters Local Union 194
2952 Vauxhall Road
Vauxhall, NJ 07088
Joseph Padellaro, Trustee
Teamsters Local Union 194
2952 Vauxhall Road
Vauxhall, NJ 07088
Ron Carey Campaign
c/o Nathaniel K. Charny
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
William Van Der Woude
October 28, 1996
Page 1
Re: Election Office Case No. P-1041-LU194-PNJ
Gentlemen:
William Van Der Woude, a member of and former secretary-treasurer of Local
Union 194, 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 Peter Mastrandea, temporary deputy trustee of Local Union 194.[1] Mr. Van Der Woude alleges that Mr. Mastrandea violated the Rules by displaying campaign material supporting Ron Carey, IBT general president and a candidate for reelection, on a vehicle owned by Local Union 194 and used by Mr. Mastrandea in his capacity as temporary deputy trustee.
Mr. Mastrandea states that the vehicle is available to him for personal use and, thus, the display of campaign literature supporting Mr. Carey does not violate the Rules.
The protest was investigated by Regional Coordinator Peter V. Marks.
William Van Der Woude
October 28, 1996
Page 1
The investigation revealed that the vehicle in question has two “Carey ‘96” bumper stickers on the rear bumper. Mr. Van Der Woude, while the full-time secretary-treasurer
of Local Union 194, used this same vehicle for both union and personal business.
Mr. Mastrandea, as temporary deputy trustee, also uses the vehicle for personal, as well
as union, business.
The Rules generally restrict the use of union property for campaign purposes. There is, however, an exception with respect to union-owned or leased vehicles. Article VIII, Section 11(c) of the Rules reads, in relevant part:
Union officers and employees provided with Union-owned or leased cars, if otherwise afforded the right to utilize those cars for personal activities, may use the cars for campaign activities, provided no costs, or expenses incurred as consequence, of such use are paid out of Union funds or other prohibited sources.
Pursuant to this exception, the Election Officer has permitted union officials and employees to use union-owned and leased cars for campaign purposes, where the cars are available to them for their personal use. See In Re: Gregory, 91 - Elec. App. - 135 (SA) (April 29, 1991) (“Thus, given that Local-owned cars are used by Business Agents for personal reasons, it is not a violation of the Election Rules for a Business Agent to use his car to travel to a worksite to campaign.”). The exception has also been applied to campaign bumper stickers on vehicles used for union business. Blake, P-712-LU630-CLA (April 29, 1996), aff’d, 96 - Elec.
App. - 185 (KC) (May 10, 1996) (bumper sticker on personal vehicle used for union business and for which the union reimburses for mileage and maintenance permitted).
In the instant case, the vehicle at issue, though owned by Local Union 194, is available to Mr. Mastrandea for his personal use. It therefore falls within the exception set forth in Article VIII, Section 11(c) of the Rules.
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
William Van Der Woude
October 28, 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
Peter V. Marks, Regional Coordinator
[1]Local Union 194 is currently in temporary trusteeship.