October 29, 1998
VIA FIRST CLASS MAIL
Erik Jensen
October 29, 1998
Page 1
Erik Jensen
4345 11th Avenue S.
Minneapolis, MN 55407
Ron Enger, Trustee
Teamsters Local Union 320
3001 University Avenue, S.E.
Minneapolis, MN 55414
Susan E. Mauren, Sec. - Treas.
Teamsters Local Union 320
3001 University Avenue, S.E.
Minneapolis, MN 55414
Erik Jensen
October 29, 1998
Page 1
Re: Election Office Case No. PR-336-LU320-EOH
Gentlepersons:
Erik Jensen, a member of Local Union 320, 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 Ron Enger, a trustee of Local Union 320. The protester alleges that Mr. Enger removed all campaign literature from a union bulletin board located at the University of Minnesota, in violation of the Rules. Mr. Enger admits removing the literature, but states that his actions were consistent with the Rules.
The protest was investigated by Election Office Staff Attorney Peter F. Gimbrère.
In early October 1998, Mr. Jensen placed some campaign literature in support of the Tom Leedham “Rank and File Power” Slate (“Leedham Slate”) on a union bulletin board located in the Health Sciences building of the University of Minnesota in Minneapolis. He observed that the campaign literature that he had posted, along with all other campaign literature had been removed from the bulletin board. He asked Mr. Enger, the steward in charge of the Health Sciences building, if he was responsible. Mr. Enger admitted to removing all of the campaign literature and stated that as he understood the Rules, the posting of campaign literature on union bulletin boards constituted an improper union contribution. After Mr. Jensen failed to convince Mr. Enger that the Rules did not prevent the use of union bulletin boards for campaign postings, he filed this protest.
Erik Jensen
October 29, 1998
Page 1
Mr. Jensen stated that campaign literature related to both local union elections and International union elections had been previously posted on the bulletin board in question. Susan Mauren, Secretary-Treasurer of Local Union 320, corroborated the protester’s version of events and stated that Mr. Enger “is trying to err on the side of caution.” When questioned by the Election Office Representative about the prior use of the bulletin board at issue, she admitted that the board had been previously used for election-related postings.
Article VIII, Section 11(d) of the Rules provides that “[n]o restrictions shall be placed upon candidates’ or members’ preexisting rights to use employer or Union bulletin boards for campaign publicity . . . . Such facilities and opportunities shall be made available to all candidates and members on a nondiscriminatory basis.”
Ms. Mauren informed the Election Officer that Local Union 320 will immediately permit campaign material to be posted on the bulletin board at the Health Sciences facility and will make sure that Mr. Enger fully understands and complies with the Rules. Under these circumstances, the Election Officer concludes that further processing of this protest is unwarranted.
Accordingly, this protest is RESOLVED.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within one (1) 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, 444 North Capitol Street, NW, Suite 445, Washington, DC 20001, Facsimile (202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Michael G. Cherkasky
Election Officer
cc: Kenneth Conboy, Election Appeals Master