August 23, 1995
VIA UPS OVERNIGHT
Timothy W. Dunn
August 23, 1995
Page 1
Timothy W. Dunn
37 Southwick Road
North Reading, MA XXX-XX-XXXX
Ron Carey, General President
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, D.C. 20001
Timothy W. Dunn
August 23, 1995
Page 1
John J. Sullivan, Associate General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, D.C. 20001
Matt Witt, Director
Communications Department
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, D.C. 20001
Timothy W. Dunn
August 23, 1995
Page 1
Re: Election Office Case No. P-104-IBT-SCE
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by Timothy W. Dunn, a member of Local Union 259. Mr. Dunn protests the use of union finances by General President Ron Carey through the IBT Communications Department to post campaign information on “American Online,” an online computer information service. Mr. Dunn claims that under the pretext of promoting the IBT, the postings actually promote Mr. Carey’s candidacy in violation of Article VIII, Section 8(a) of the Rules.
This protest was investigated by Regional Coordinator Bruce Boyens.
The communications at issue were electronic postings by the IBT Communications Department on “American Online.” Mr. Dunn provided on-line IBT communications dating from the period of April 28 to June 28, 1995. He specifically cites as violations of the Rules press releases about pension reform, the expulsion of the officers of Local Union 966, and an NLRB charge filed by the IBT against United Parcel Service.
Timothy W. Dunn
August 23, 1995
Page 1
The use of union-financed communications to promote an IBT member’s candidacy for International officer or delegate at the Convention is prohibited by the Rules. Article VIII, Section 8(a) states: “No publication or communication financed, directly or indirectly by a Union may be used to support or attack any candidate or the candidacy of any person . . . .” The Election Officer has found Mr. Carey to be a candidate for General President at the time of the challenged publications. The Election Officer must therefore determine whether the on-line communications were used to “support or attack” his candidacy. Sullivan, P-053-LU391-EOH (July 10, 1995); Ruscigno, P-067-LU20-EOH (July 19, 1995); Martin, P-10-IBT-PNJ
(August 17, 1995).
To ascertain whether or not a communication constitutes promotion of a candidacy, the Election Officer reviews the tone, content and timing of the communication. See, Donovan v. Postal Employees, 566 F. Supp. 529, 533 (D.D.C. 1983); Usery v. Int’l Org. of Masters, Mates & Pilots, 528 F.2d 946, 949 (2d Cir. 1976).
As the Election Officer stated in Martin, supra, she recognizes that Mr. Carey, as an incumbent union officer, is often an important participant in many matters of interest to the membership. Therefore, he is more likely to have his participation in such matters the subject of inclusion in a union’s communications. See, Sheldon v. O’Callaghan, 335 F. Supp.325, 328 (S.D. N.Y. 1971), quoting Yablonski v. UMWA, 305 F. Supp. 868, 871 (D.D.C. 1969). Thus, so long as a published report on the activity of an incumbent “is addressed to the regular functions, policies and activities of such incumbents as officers involved in matters of interest to the membership, and not as candidates for reelection, there is no violation of [the Act]” Donovan v. Metro. Dist. Council, 797 F.2d 140, 145 (3d Cir. 1986), citing Camarata v. Int’l Bhd. Of Teamsters, 478 F. Supp. 321, 330 (D.D.C), aff’d, 108 L.R.R.M. 2924 (D.C. Cir. 1981).
The protester argues that the posting entitled “More Pension Reform At the International Union,” and subtitled “General Executive Board Approves Carey Proposal to Reduce Benefits for Top Officials” inaccurately portrays Mr. Carey as promoting International officer pension and salary reform when such changes were mandated by the IBT Constitution and the 1991 International Union Convention. The posting describes reforms in the International Union’s pension plan for officers and staff and the benefits of the changes. It also states that Mr. Carey and the General Executive Board ended the “past practice . . . that International Union officers would receive multiple salaries and new pension credit from several levels of the union.”
Timothy W. Dunn
August 23, 1995
Page 1
In a posting entitled “Teamster Union Expels Officers of NYC Local 966 For Financial Misconduct,” the protester argues that the press release’s description of the Independent Review Board is inaccurate and that the reference to Local Union 966 officials being removed from office “by an ethical panel of their union peers” violates the Rules because members were not identified. The posting describes a decision by Mr. Carey ordering three officials of Local 966 banned from the union and three others suspended. The article states that the decision stems from charges brought by the temporary trustee and from charges brought by the IRB. The article goes on to describe the charges against the officials.
Finally, the protester challenges a quote from Mr. Carey appearing in a press release entitled “Teamsters File Charges With National Labor Relations Board Over Management-Dominated ‘Team’ Program At UPS,” in which Mr. Carey states, “UPS must learn to change with the times [because] [t]he old days of shoving something down workers’ throats are over.” Mr. Dunn contends the quote has no purpose other than to promote Mr. Carey’s candidacy. The article describes charges filed by the IBT at the NLRB over the implementation by United Parcel Service of a “Team” program that violates workers’ rights. It quotes Mr. Carey about the Team program and the charge which the IBT filed.
The Election Officer finds that the articles involve matters of interest to IBT members and mention Mr. Carey performing his regular activities as General President. See, IBT Constitution, Article VI, Section 1(b), giving the General President general supervision over the affairs of the International Union; and Article VI, Section 5(a) giving the General President the power to appoint temporary trustees or designate a panel of IBT members to investigate and report to the General President in dealing with subordinate body corruption or financial malpractice. See also, McCarthy, P-10-INT-EO (December 17, 1990) (The Election Officer considered whether a magazine’s textual reference bore “a reasonable relationship to his personal involvement with those activities.”) The America Online postings fall well within the bounds of permissible, non-campaign-related communication. Postal Employees, 566 F. Supp. 529, 533 (D.D.C. 1983); Masters, Mates & Pilots, 528 F.2d 946, 949 (2d Cir. 1976).
Finally, the Election Officer finds nothing constituting prohibited campaign materials in the remaining materials submitted by Mr. Dunn. The remaining IBT communications relate to legislative issues (May 30 posting, June 5, 19, 27 postings), an NLRB bargaining order (May 24 posting) and union negotiations (May 19, 23 postings). Although Mr. Carey’s name is mentioned in these articles, it is in reference to his regular activities as General President.
For the foregoing reasons, Mr. Dunn’s protest is DENIED.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within one day of their 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:
Timothy W. Dunn
August 23, 1995
Page 1
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 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: Kenneth Conboy, Election Appeals Master
Bruce Boyens, Regional Coordinator