IN RE: RON HERRERA, Protestor.
Protest Decision 2006 ESD 250
Issued: May 17, 2006
OES Case Nos. P-111-020106-FW
Ron Herrera, a member of Local Union 396 and a candidate for delegate on the Ron Herrera Local 396 Team ("LU 396 Herrera Slate"), filed a pre-election protest pursuant to Article XIII, Section 2 (b) of the Rules for the 2005-2006 IBT International Union Delegate and Officer Election ("Rules"). The protest alleged that the No Dues Increase slate improperly used an asset of the International Union for a campaign purpose, in violation of the Rules.
Election Supervisor representative Christine Mrak investigated this protest.
Findings of Fact
The February 2006 issue of Teamster magazine contained, pursuant to the Article VII, Section 10 of Rules, a section in which accredited candidates for International office advertised for support for their election. The pages displaying the advertisements for the Tom Leedham slate of candidates for International office included a photo of Ernesto Perez. Perez is not a candidate for International office, but was a candidate for delegate in the Local Union 396 election on the No Dues Increase slate. The Tom Leedham advertisements also depicted the name of Perez' slate in the local union delegate and alternate delegate election.
Analysis
Herrera characterizes the publication of Perez's photo and mention of the No Dues Increase slate as an improper use the union resource of Teamster magazine, stating that the Rules limit the use of that resource to the promotion of "accredited candidates for International Officer" and that the magazine "should not be used to promote candidates or slates in Local Union delegate elections."
However, Article VII, Section 10 of the Rules, which establishes that "each accredited candidate has the right to have campaign literature published" in issues of the Teamster magazine (including the February 2006 issue) makes no limitation as to the content of such ads. To the contrary, the provision expressly prohibits such limitations to the content of advertisements, stating that both the Election Supervisor and the Union "may not regulate of alter the content of any candidate's or slate's material ..."
Moreover, the Rules recognize that an accredited candidate has a legitimate interest in supporting candidates in local union delegate elections if such candidates are expected, as elected delegates, to assist the accredited candidate's effort at nomination for International office. Article VII, Section 3 of the Rules, which permits accredited candidates to obtain the IBT membership list, declares that "[u]se of a membership list in support of the election of delegate and/or alternate delegate candidates shall not constitute misuse of the list …" Given that the Rules permit an accredited candidate for International office to assist a candidate or slate in local union delegate elections, we see no reason that such candidates may not also promote the delegate campaigns of their supporters in their own campaign literature, including that published in Teamster magazine pursuant to Article VII, Section 10 of the Rules.
Accordingly we DENY this protest.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within two (2) working days of receipt of this decision. The parties are reminded that, absent extraordinary circumstances, no party may rely upon evidence that was not presented to the Office of the Election Supervisor in any such appeal. Requests for a hearing shall be made in writing, shall specify the basis for the appeal and shall be served upon:
Kenneth Conboy
Election Appeals Master
Latham & Watkins
885 Third Avenue, Suite 1000
New York, New York 10022
Fax: (212) 751-4864
Copies of the request for hearing must be served upon the parties, as well as upon the Election Supervisor for the International Brotherhood of Teamsters, 1725 K Street, N.W., Suite 1400, Washington, D.C. 20007-5135, all within the time prescribed above. A copy of the protest must accompany the request for hearing.
Richard W. Mark
Election Supervisor
cc: Kenneth Conboy
2006 ESD 250
DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001-2198
braymond@teamster.org
David J. Hoffa, Esq.
Hoffa 2006
30300 Northwestern Highway, Suite 324
Farmington Hills, MI 48834
David@hoffapllc.com
Barbara Harvey
645 Griswold Street
Suite 3060
Detroit, MI 48226
blmharvey@sbcglobal.net
Ken Paff
Teamsters for a Democratic Union
P.O. Box 10128
Detroit, MI 48210
ken@tdu.org
Daniel E. Clifton
Lewis, Clifton & Nikolaidis, P.C.
275 Seventh Avenue, Suite 2300
New York, NY 10001
dclifton@lcnlaw.com
Stephen Ostrach
1863 Pioneer Parkway East, #217
Springfield, OR 97477-3907
saostrach@gmail.com
Ron Herrera , Secretary-Treasurer
IBT Local Union 396
880 Oak Park Road, #200
Covina, CA 91724
Ernesto Perez
18207 9th Street
Bloomington, CA 92316
Christine M. Mrak, Esq.
2357 Hobart Avenue, SW
Seattle, WA 98116
cmm@wmblaw.net
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com