IN RE: LAWANDA CLARK, MARK ROOT, JASON DEGAND, Protestors
Protest Decision 2006 ESD 284
Issued: May 30, 2006
OES Case Nos. P-06-254-040606-MW, and P-06-255-040706-MW
(See also Election Appeals Master decision 06 EAM 50)
Lawanda Clark, Mark Root, and Jason Degand, members and independent delegate candidates from Local Union 330, filed two pre-election protests pursuant to Article XIII, Section 2(b) of the Rules for the 2005-2006 IBT International Union Delegate and Officer Election ("Rules"). The protest in OES Case No. P-06-254-040606-MW alleged that local union president and delegate candidate Dominic Romanazzi used the local union's attorney to assist his campaign; further, that the protestors were not informed about policies for distributing campaign literature, in violation of the Rules. The protest in OES Case No. P-06-255-040706-MW alleged that independent candidates were not given an opportunity to observe the mailing of campaign literature by the Romanazzi slate. We have consolidated these protests for decision.
Election Supervisor representative Deborah Schaaf investigated these protests.
Findings of Fact
The protestors first alleged that Romanazzi used Local Union 330 attorney Robert Cervone to aid him in posting his campaign material on union bulletin boards. The complaint arose from a letter Cervone sent to the Deputy Director of Court Services in response to the deputy's refusal to allow any IBT campaign posting at the 16th Judicial Circuit Court.
Cervone stated that Romanazzi contacted him to advise that the Deputy Director of Court Services had prohibited union members from posting Romanazzi flyers on court bulletin boards. Cervone wrote to the deputy, asserting that union members have contractual and statutory rights "to post information concerning internal union matters." The letter demanded that the deputy cease and desist from interfering with members' rights in this regard. The letter, dated March 20, 2006, did not mention the delegate or alternate delegate election or any specific candidate and was phrased broadly to enforce the rights for all members.
The protestors further alleged that they were not notified of the procedures for distributing campaign material. Protestor Clark also alleged that she was not provided an opportunity to observe the mailing of Romanazzi's campaign literature. Cervone conducted the nominations meeting and the candidates' meeting that immediately followed. He stated that he advised those in attendance of their observer rights and candidates' rights with respect to mailing and distributing campaign literature. In addition, he made copies of the Rules available to those interested.
Protestors Root and Degand were present during the candidates' meeting but protestor Clark was not. Legacy Professionals, an organization contracted to assist with the election for the local union, mailed Clark information from the meeting.
In a written statement provided to the investigator, Romanazzi stated that his slate's mailing was done in strict compliance with the Rules.
Our investigator made 6 attempts to contact Clark. On three occasions the investigator left messages, once she was hung up on after identifying herself as calling from the Election Office, and once she found the telephone number to be disconnected. On the lone occasion that the investigator was able to speak with Clark, Clark stated that she had no additional comments. Protestor Root did not return 6 messages our investigator left. Protestor Degand likewise did not return our investigator's calls.
Analysis
Article VII, Section 12(c) of the Rules provides that "union funds, facilities, equipment, stationery, personnel, etc., may not be used to assist in campaigning unless the Union is reimbursed at fair market value for such assistance, and are notified in advance, in writing, of the availability of such assistance." We find that the letter mailed to the Deputy Director of Court Services does not amount to campaigning. The letter, although mailed at the request of Romanazzi, had the purpose of enforcing for all local union members their pre-existing campaign right on employer bulletin boards.
Accordingly, we DENY this aspect of the protest.
Article VII, Section 7(g) of the Rules states that "The Union shall adopt procedures for complying with candidates' requests for distribution of literature and shall specifically advise all candidates of those procedures. The Union shall arrange for a mailing service to process and distribute candidates' literature, and for such mailing service to receive the literature directly from the candidate. The mailing service shall not discriminate for or against any candidate."
We find that the protestors had adequate instruction concerning the distribution of campaign literature. Cervone discussed distribution procedures at the candidates' meeting, and Legacy Professionals mailed this information to protestor Clark, who was absent from the candidates' meeting. The protestors did not present any evidence to contradict the information provided by Cervone and Legacy.
Under Article IX, Section 2 of the Rules, "observers shall be permitted to observe the processing and distribution of campaign literature for his/her candidate. This shall include the opportunity to observe the duplication of the literature, the stuffing of the envelopes, and the placement of the mailing labels, or the members' names and addresses, and the postage on the envelopes. Should an observer claim that a member's address is incorrect or that a member eligible to receive a ballot has been omitted from the mailing, such address shall be corrected and/or the member included in the mailing. Observers shall be permitted to accompany and observe any delivery of the literature to a mailing service and/or the delivery of the literature to the post office" (emphasis supplied). The Rules do not provide for the opportunity of a candidate to observe mailings of an opposing candidate. Barker, 2006 ESD 246 (May 17, 2006).
Accordingly, we DENY this portion of the 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. 20006-1416, 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 284
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
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
Stefan Ostrach
1863 Pioneer Parkway East, #217
Springfield, OR 97477-3907
saostrach@gmail.com
Lawanda Clark
757 S. Liberty Street
Elgin, IL 60120
Mark Root
430 Regency Court
Aurora, IL 60504
Jason Degand
816 Georgetown Drive
Oswego, IL 60543
Robert Cervone
Dowd, Block & Bennett
8 South Michigan Avenue, 19th Floor
Chicago, IL 60603
Dominic Romanazzi
President, Local 330
2400 Big Timber Road
Elgin, IL 60123
Deborah Schaaf
8883 Douglas Circle
Helena, Montana 59602
dschaaf@bresnan.net
Joe Childers
201 West Short Street, Suite 310
Lexington, KY 40507
childerslaw@yahoo.com
William C. "Bill" Broberg
1108 Fincastle Road
Lexington, KY 40502
wcbroberg@aol.com
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com