August 10, 1995
VIA UPS OVERNIGHT
James Jacob, et al.
August 10, 1995
Page 1
James Jacob
1377 Sassaquin Avenue
New Bedford, MA 02745
Darryl Sullivan
2059 Richmond
Arlington, TX 76014
Michael Ruscigno
302 Summit Avenue
Jersey City, NJ 07306
Teamsters Joint Council 3
3245 Eliot Street, Lower Level
Denver, CO 80211
Larry Strutton, Publisher
Rocky Mountain News
400 West Colfax
Denver, CO 80204
Paul Alan Levy, Esq.
Public Citizen Litigation Group
1600 20th St. NW
Washington, DC 20009
James Jacob, et al.
August 10, 1995
Page 1
RE: Election Office Case No. P-073-JC3-EOH
Gentlemen:
James Jacob, et al.
August 10, 1995
Page 1
This pre-election protest was filed pursuant to Article XIV, Section 2(a) of the Rules for the 1995-96 IBT International Union Delegate and Officer Election (“Rules”).[1] The protesters, James Jacob, a member of Local Union 251, Darryl Sullivan, a member of Local Union 745, and Michael Ruscigno, a member of Local Union 138, allege that an article in the publication Colorado Labor, Rocky Mountain News constitutes an impermissible use of a Union-financed publication or, in the alternative, that the publication of the article amounts to an employer campaign contribution forbidden under the Rules.
The investigation was conducted by Election Office Staff Attorney Helene Boetticher.
The protesters admit that they have never seen a copy of the publication Colorado Labor, Rocky Mountain News. They base their allegations on an editorial which appeared in the April, 1994 issue of Rocky Mountain Teamster, the official publication of Joint Council 3.[2] At the end of this editorial, it states "Reprinted from Colorado Labor, Rocky Mountain News." No copy of this publication was ever provided to the Election Officer. Also, the protesters failed to provide the date on which the protested material was published.
In fact, the investigation has disclosed that no such publication exists. The excerpt printed in the Rocky Mountain Teamster most likely came from the column "Colorado Teamster" which appears in the publication Rocky Mountain News, a Denver-based daily Scripps-Howard publication funded through subscription and advertising sales. The column, written by James Hansen,[3] appears each Saturday and has been published for several years.
The re-printed editorial criticizes Mr. Carey for his dues increase campaign, his plan to abolish the Area Conferences, and his "autocratic tactics," and describes the attempts of Western Conference Joint Council Presidents to stop the Conference’s abolition.
The Rules, at Article VIII, Section 8(a), provide the following prohibition, “No publication or communication financed, directly or indirectly, by a Union may be used to support or attack any candidate or the candidacy or any person. . .” Section 8(a) also sets forth specific illustrations of improper support of a candidate by a Union-financed publication. Consideration of these illustrations are, however, unnecessary as the protested publication, if it is indeed the Rocky Mountain News, is clearly not financed by the Union.
James Jacob, et al.
August 10, 1995
Page 1
The protesters also allege that the publication amounts to a prohibited employer campaign contribution under the Rules.[4] As the Election Officer made clear in her decision regarding the Rocky Mountain Teamster, Mr. Carey was not a candidate within the meaning of the Rules at the time the editorial was re-printed in Joint Council 3's publication in April 1994. Id., See also, Ruscigno, P-065-JC37-EOH (July 21, 1995). Consequently, at the unspecified time when the column was originally published, Mr. Carey could not have been a candidate. The protested publication of the "Colorado Labor" column in the Rocky Mountain News does not support or attack the candidacy of Mr. Carey in violation of the Rules.
For the foregoing reasons, the protest is DENIED.
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.
Mudge, Rose, Guthrie, Alexander & Ferdon
180 Maiden Lane, 36th Floor
New York, NY 10038
Fax (212) 248-2655
Copies of the request for hearing must be served on the parties listed above as well as upon the
James Jacob, et al.
August 10, 1995
Page 1
Election Officer, 400 North Capitol Street, Suite 855, Washington, D.C. 20001, Facsimile (202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Barbara Zack Quindel
Election Officer
cc: Election Appeals Master Kenneth Conboy
Jonathan Wilderman, Regional Coordinator
[1]This “reach-back” protest was filed within the thirty day period following the final promulgation of the Rules on April 24, 1995, and alleges violations occurring prior to the issuance of the Rules. The Rules at Article XIV, Section 2(a), state:
Protests regarding violations of the [Labor-Management Reporting and Disclosure Act, as amended] (including violations of the IBT Constitution) allegedly occurring prior to the date of issuance of the Rules and protests regarding any conduct allegedly occurring within the first twenty-eight (28) days after issuance of the Rules must be filed within thirty (30) days of the date of issuance, or such protests shall be waived.
[2]The protesters do not allege any violation of the Rules by the publishers of the Rocky Mountain Teamster in the instant protest. Allegations concerning the Union-financed publication were filed in a separate protest which has already been decided by the Election Officer. See, Jacob, P-062-JC3-EOH (July 28, 1995).
[3]Mr. Hansen is a Teamster member and is involved in writing and editing some issues of the Rocky Mountain Teamster. He is not employed by the Rocky Mountain News but submits his weekly column on a freelance basis.
[4]Article XII, Section 1(b)(1), of the Rules states:
No employer may contribute, or shall be permitted to contribute, directly or indirectly, anything of value, where the purpose, object, or foreseeable effect of the contribution is to influence, positively or negatively, the election of a candidate. No candidate may accept or use any such contribution. These prohibitions are not limited to employers that have contracts with the Union; they extend to every employer, regardless of the nature of the business, and include, but are not limited to, any political action organization that employs any staff, any nonprofit organization, such as a church or civic group that employs any staff; and any law firm or professional organization that employs any staff. These prohibitions extend beyond strictly monetary contributions made by an employer and include contributions or use of employer stationery, equipment, facilities and personnel.