September 5, 1995
VIA UPS OVERNIGHT
Richard Nageotte, Secretary-Treasurer
Teamsters Local Union 481
5470 Baltimore Drive #18
La Mesa, CA 91942
Jesus Pacheco
668 W. Washington Street #6
El Cajon, CA 92020
RE: Election Office Case No. P-124-LU481-CLA
Gentlemen:
A pre-election protests was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Officer Election (“Rules”) on August 14, 1995 by Richard Nageotte, Secretary-Treasurer of Local Union 481. The protester alleges that on August 8, 1995, Jesus Pacheco, a member of Local 481, violated the Rules when, after a membership meeting, he solicited signatures for an Accredited Candidate Petition for Ron Carey in a hall rented by Local Union 481.
Mr. Pacheco responded that he was not aware of any rule prohibiting campaigning inside the meeting hall after the conclusion of a meeting and that he was not told to stop when he solicited petition signatures.
The protest was investigated by Regional Coordinator Dolly Gee.
Article VIII, Section 11(a) of the Rules provides:
Richard Nageotte
September 5, 1995
Page 1
All Union members retain the right to participate in campaign activities, including the right to run for office, to support or oppose any candidate, to aid or campaign for any candidate, and to make personal campaign contributions. This includes, but is not limited to, the right to distribute campaign literature and to otherwise solicit support for a member’s candidacy outside a meeting hall before, during and after a Union meeting, regardless of Union policy, rule or practice.
The Rules do not expressly prohibit campaign activity inside union halls. Rather, Article VIII, Section 5(a)(4) states:
A Local Union shall not discriminate or permit discrimination in favor of or against any candidate in conjunction with its meetings or otherwise. This requirement shall apply not only to formal presentations by or on behalf of candidates but also to informal campaign activities, such as, for example, comments on candidates during meetings, literature distribution at meetings, literature distribution tables, etc.
Thus, Local Unions may permit campaign activities on their premises if they allow equal access to all relevant candidates. Soliciting for petition signatures in the Local Union hall is not a violation per se, but is determined by the policies of the Local Union.
Mr. Nageotte states that he personally had the understanding that campaigning was not allowed on the premises, but he concedes that the Local Union never issued an announcement or written policy forbidding the practice.
While Local Unions are free to establish non-discriminatory policies that allow or prohibit campaigning in the union hall, the policy must be communicated to the membership; if the policy is not publicized, individuals that violate that policy do not necessarily violate the Rules. In the instant protest, Mr. Pacheco engaged in protected activity in a place where he was never told he could not campaign. In the absence of a communicated policy of the Local Union, Mr. Pacheco’s actions did not violate the Rules.
Based upon the foregoing, 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:
Richard Nageotte
September 5, 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
Dolly Gee, Reginal Coordinator