December 9, 1996
VIA UPS OVERNIGHT
Don Davies
December 9, 1996
Page 1
Don Davies
Teamsters Local Union 31
1 Grosvenor Square
Delta, BC V3M 5S1
David P. Kozak, Secretary-Treasurer
Teamsters Local Union 464
490 E. Broadway
Vancouver, BC V5T 1X3
Diana Kilmury, Vice President
International Brotherhood of Teamsters
2612 E. 47th Avenue
Vancouver, BC V5S 1C1
Dan O’Keefe, Terminal Manager
Auto Haulaway
1005 Derwent Way
New Westminster, BC V3M 5R4
Sun Rype Products, Ltd.
1165 Ethel Street
Kelowna, BC D1Y 2W4
Ron Carey Campaign
c/o Nathaniel Charny
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond,
Ferrara & Feldman
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334
Don Davies
December 9, 1996
Page 1
Re: Election Office Case No. P-1320-LU31-NYC
Gentlepersons:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules
for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by
Don Davies, a member of Local Union 31. Mr. Davies alleges that Carey campaign stickers were “plastered” on the premises of three local unions, all of which are headquartered at
Don Davies
December 9, 1996
Page 1
490 E. Broadway in Vancouver, British Columbia (“union hall”), and two IBT employers, Sun Rype and Auto Haulaway. The protester charges that Diana Kilmury, an International vice president and a candidate for reelection, and David P. Kozak, also a candidate for International vice president, and the Carey campaign are responsible for the stickers and that all should be disqualified as candidates.
In response, Mr. Kozak and Ms. Kilmury deny seeing stickers at the union hall and have no knowledge as to the stickers allegedly posted on employer premises. Agents for
Sun Rype and Auto Haulaway state that the companies are not aware of any campaign stickers at their facilities.
New York City Protest Coordinator Barbara C. Deinhardt investigated this protest.
The protester states that on November 27, 1996, while he and fellow IBT members Ernie Nial and Bob Matricardi were at the union hall, they noticed Carey campaign stickers affixed to the building’s front window and door, affixed to the reserved parking signs in the union hall’s parking lot and affixed to the northeast corner window of Local Union 213’s office. Carey campaign stickers were also seen across an alley separating the union hall from residential housing attached to garage windows, as well as affixed to telephone polls running through the alley. On November 28, IBT member Lyle Kent, while at Sun Rype, saw Carey campaign stickers affixed to parking signs in the company’s employee parking lot, as well as on a door inside the employer’s premises. Carey stickers were also affixed to two utility poles located across the street from the parking lot. The protester also alleges that Carey campaign stickers were affixed to public utility poles and on facility entrance ways at Auto Haulaway.
Agents representing Sun Rype agreed to post a notice at their facility reminding employees of their respective policies against campaign materials being displayed on employer premises. Auto Haulaway agreed to contact the local union to do the same. In addition, the Carey campaign has agreed to send a letter to Local Unions 155, 213 and 464, to be posted at the union hall, stating that the campaign materials must not be posted anywhere on the property.
Accordingly, this protest is RESOLVED as to all parties.
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
Don Davies
December 9, 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
Barbara C. Deinhardt, New York City Protest Coordinator