November 17, 1998
VIA FACSIMILE AND UPS OVERNIGHT
Sergio Lopez
November 17, 1998
Page 1
Sergio Lopez
121 South Drive
Freedom, CA 95019
Metz Slate
c/o Jim Smith
2833 Cottman Avenue
Philadelphia, PA 19149
George O. Suggs, Esq.
Wilburn & Suggs
1015 Locust
Suite 818
St. Louis, MO 63101
Sergio Lopez
November 17, 1998
Page 1
Re: Election Office Case No. PR-404-EO-EOH
Gentlemen:
Sergio Lopez, a candidate for at-large vice president on the John Metz Slate, 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 Election Officer Michael G. Cherkasky. The protester alleges that the Spanish translation on the ballot for the International Officer Rerun Election is unclear, inaccurate and unacceptable. As a result of the translation, the protester contends that a number of Spanish-speaking voters have decided not to vote. The protester states that the ballots should be reprinted with an acceptable translation and remailed to all eligible voters.
The protest was investigated Deputy Election Officer Benetta M. Mansfield.
Specifically, the protester alleges that on the ballots the Election Officer neglected to translate the word “slate” into Spanish when it appears next to the name of the slate, e.g., “John Metz Slate.” In the Spanish language instructions, the protester argues, the voter is instructed about voting for slates (“lista completa de candidatos”) but the Election Officer fails to place the word slate in Spanish by the names.
The protester argues that the literature of the John Metz Slate instructs voters in Spanish to “mark the John Metz Slate box” (“por fàvor marque dentro del cuadra junto a la Planilla de John Metz”). Therefore, the protester contends that by failing to place slate by the name of the slate, the Election Officer has totally confused Spanish-speaking voters.
Sergio Lopez
November 17, 1998
Page 1
The Election Officer disagrees with the protester’s contention for the following reasons:
First, slates are clearly identified on the ballot. The area with the slate name is shaded and has an oval by it. Therefore, it is apparent where the slates are on the ballot, and the method to vote for a slate is clearly set forth in the Spanish language instructions. Second, the identification of the slate, that is the name of slate followed by the word slate in English, in the voting portion of the ballot is the same as it appeared on the 1991 and 1996 ballots. Third, the slate representatives were given the opportunity to proofread the portion of the ballot to which Mr. Lopez refers prior to the printing of the ballots. Neither the John Metz Slate nor any other slate suggested that the word slate following the slate name be translated into Spanish (or French for ballots sent to Teamster Canada members). Fourth, although many Spanish-speaking members have called the Election Office “boiler room” with ballot questions, none have expressed confusion regarding the location of slate names on the ballot. Finally, the Election Officer provided sample ballots to the slates and independent candidates which enabled them to create campaign literature which would clearly demonstrate to non-English speaking members how and where to vote for a slate.
In these circumstances, the Election Officer finds that the ballot is not confusing and complies with the requirements set forth in 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 (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
Sergio Lopez
November 17, 1998
Page 1