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Office of the Election Supervisor for the International Brotherhood of Teamsters

 

 

 

 

 

 

 

 

 

 

 

 

November 25, 1996

 

VIA UPS OVERNIGHT

 


Roy L. Atha

November 25, 1996

Page 1

 

 

Roy L. Atha

1220 Selma Road

Springfield, OH  45505

 

Ron Carey Campaign

c/o Nathaniel Charny

Cohen, Weiss & Simon

330 W. 42nd Street

New York, NY  10036


Ron Carey, General President

International Brotherhood of Teamsters

25 Louisiana Avenue, N.W.

Washington, DC  20001

 

John Sullivan, Associate General Counsel

International Brotherhood of Teamsters

25 Louisiana Avenue, N.W.

Washington, DC  20001


Roy L. Atha

November 25, 1996

Page 1

 

 

Re:  Election Office Case Nos.              P-1241-RCS-CLE

P-1271-RCS-CLE

 

Gentlemen:

 

Roy L. Atha, secretary-treasurer of Local Union 654, filed pre-election protests pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (Rules) alleging violations of the Rules with respect to two mailings made by the Carey campaign using the mailing procedure offered by the IBT.  In

P-1241-RCS-CLE, Mr. Atha refers to the campaign flyer entitled, Is Your Pension Safe? and alleges several improprieties, including that:  (1) it was printed with the IBTs return address in Washington, D.C., although mailed under a St. Louis bulk-mail permit; (2) the disclaimer, This campaign material is not endorsed by the IBT, is too small; (3) the flyer incorporated the Election Officers name on a picture of a sample ballot envelope; and


Roy L. Atha

November 25, 1996

Page 1

 

 

(4) the picture of the sample ballot incorporated an IBT postage meter number.  In P-1271-RCS-CLE, Mr. Atha raises his objection to the use of the IBTs return address on campaign material bearing the St. Louis bulk-permit number with respect to a Carey campaign flyer entitled, Back on the Road.  He alleges that the flyer was intentionally designed by the Carey Campaign to give the members the impression that the International is sending campaign materials in support of Carey.  The Election Officer consolidated these protests for decision because they involve similar questions under the IBTs mailing procedure for campaign material.

 

These protests were investigated by Regional Coordinator Joyce Goldstein.

 

1.              Allegations Concerning the IBT Return Address, the St. Louis Bulk-Mail Permit and the Size of the Disclaimer

 

Mr. Athas allegations concerning the IBT return address on the campaign flyers, the use of a St. Louis bulk-mail permit and the size of the non-endorsement disclaimer on the Is Your Pension Safe? flyer arise under the IBTs procedures implementing Article VIII, Section 7 of the Rules on campaign mailings.

 

In pertinent part, Article VIII, Section 7(a)(1) requires the IBT to afford [e]ach candidate . . . a reasonable opportunity, equal to that of any other candidate, to have his/her literature distributed by the Union, at the candidates expense.  Section 7(a)(3) requires that [a]ll literature distributed through use of the non-profit organization bulk-rate permit shall clearly state that it is campaign literature, the contents of which are not endorsed by the Union.  Section 7(g) strongly recommend[s] that the Union adopt procedures for complying with candidates requests for distribution of literature and that it specifically advise all candidates of those procedures.

 

In mid-October 1996, the IBT issued procedures under Article VIII, Section 7 to all International officer candidates, with further clarification on October 22.  Those procedures provide, in part, that all campaign material using the IBTs non-profit, bulk-mail status must use the IBTs street address in Washington, D.C. as the return address.  That requirement follows U.S. Postal Service regulations on the use of bulk-mail permits. 

 

Those procedures also state that [a]ll campaign material mailed by the International using the nonprofit bulk rate permit shall prominently state, directly below the address label, that the enclosed mailing is campaign literature, the contents of which are not endorsed by the Union.

 

The Election Officer finds that the use of the IBTs return address on the Is Your Pension Safe? flyer (P-1241) and the Back on the Road flyer (P-1271) did not violate the Rules.  The investigation revealed that the bulk-mail permit #1854 (St. Louis) that appears on both flyers is registered to the Klasek Letter Company in St. Louis (Klasek).  Klasek is an authorized mailhouse for campaign mailings under the IBTs procedures.  Campaign mailings from that mailhouse must bear the IBTs return address because the U.S. Postal Service considers them to be IBT mailings for purposes of applying the IBTs non-profit, bulk-mail rate.

 


Roy L. Atha

November 25, 1996

Page 1

 

 

With respect to the non-endorsement disclaimer on the Is Your Pension Safe? flyer, the Election Officer finds that it is very small and placed in the lower left-hand corner of the address side of the mailer.  Nevertheless, it is clearly stated on the campaign material, as required by the Rules.

 

2.              Allegations Concerning the Sample Ballot Envelope Printed on the Is Your Pension Safe? Flyer

 

On the back of the Is Your Pension Safe? flyer appears a facsimile of the envelope used by the Election Officer to mail ballots.  It is stamped SAMPLE, and the address is shown as Teamster Voter, 123 Main Street, Your Town, USA.  Beneath the picture is the legend, Your ballot arrives by mail the week of November 11th.  Use your vote for a stronger Union.  Vote by mail for the Ron Carey Slate.

 

Mr. Atha objects to the appearance on the sample ballot envelope of the Election Officers name in the return address and the appearance of postage meter mark #8096026, which he states is an IBT meter.  In his protest, he states that the use of the Election Officers name and address . . . gives the impression to the membership that the Election Officer supports Ron Carey and the Ron Carey Slate and opposes Jim Hoffa and the Hoffa Slate of candidates.  With respect to the IBT meter number, he alleges that its use constitutes an improper use of union assets and improper campaigning . . .

 

The Election Officer finds that a reasonable reader will understand that the flyer depicts a sample-ballot envelope in order to alert members to the imminent arrival of their ballot in the mail, as plainly explained in the legend underneath the picture.  It does not violate the Rules for the facsimile of the ballot envelope, stamped sample, to otherwise appear realistic.  See Newhouse, P-388-LU435-RMT (February 21, 1996) (alterations to draft delegate election ballot of Election Officer alerted reasonable reader to campaign content).

 

For the foregoing reasons, 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

 


Roy L. Atha

November 25, 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

Joyce Goldstein, Regional Coordinator