November 15, 1995
VIA UPS OVERNIGHT
Larry F. Landwehr, President
Teamsters Local Union 795
4921 Cessna Street
Wichita, KS 67210
Reform Slate
c/o Charles J. Mosqueda
2603 N. 72nd Street
Garden City, KS 67846
Re: Election Office Case No. P-201-LU795-MOI
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Officer Election (“Rules”) by Larry F. Landwehr, a member of Local Union 795 and a candidate for delegate. Mr. Landwehr alleges that the Rules have been violated as follows: (1) General President Ron Carey improperly used union funds to promote his candidacy by producing and distributing the booklet Cleaning Up Our Union, Building Teamster Clout (“Clout Booklet”), dated February 1995; (2) Charles Mosqueda, a candidate on an opposing slate, improperly used the Clout Booklet and the pamphlet What Has the Landwehr Slate To Hide? (“Hide Pamphlet”) to campaign against
Mr. Landwehr; and (3) Mr. Mosqueda distributed a flyer in his campaign for local union office containing incorrect data about the delegate election.
Mr. Mosqueda denies that his use of the Clout Booklet or the Hide Pamphlet were improper.
The protests were investigated by Regional Coordinator Michael D. Gordon.
Larry F. Landwehr
November 15, 1995
Page 1
In addition to being a current candidate for delegate, the protester is the president of Local Union 795. He was opposed for this position in a recently held local union election by Mr. Mosqueda, and was defeated. Mr. Mosqueda assumes office effective January 1, 1996.
All of the protested documents were distributed during the campaign for local union officer positions. Mr. Landwehr contends, however, that these various publications were distributed for the additional purpose of adversely affecting his campaign for delegate.
The protester claims the use of the Clout Booklet is improper on an additional ground. As distributed, the document contained Mr. Mosqueda’s personal hand-written notes. His printed comments extend throughout the publication. For example, at the page containing the table of contents, Mr. Mosqueda printed “THINGS LANDWEHR DOESN’T WANT YOU TO KNOW! HE WANTS THINGS THE OLD WAY, DOUBLE SALARIES ETC!.” To a paragraph entitled “Failure to Properly Represent Members, Handle Grievances,” he added “THIS IS HOW WE WILL END UP IF LANDWEHR KEEPS IT UP.” To a paragraph entitled “Reversing Past Mismanagement,” Mr. Mosqueda printed “BUT CAREY GETS BLAMED FOR THIS BY LANDWEHR.” (Emphasis original).
The Hide Pamphlet includes a letter dated March 28, 1994 from then-International Vice President Mario Perucci. The protester objects to the letter because it “shows favoritism” to Mr. Mosqueda’s candidacy and because it contains remarks “encouraging unions to defy court orders and taking a position against . . . Local 795 and myself with regards to the U.P.S. strike that was a violation of a federal court order.” A review of Mr. Perrucci’s letter indicates that it thanks Mr. Mosqueda and others for engaging in a strike against UPS. It also expresses the opinion “if Unions hadn’t defied court orders over the last 70 years, there would be no collective bargaining agreements in this country.”
The campaign flyer distributed by Mr. Mosqueda during the local election campaign contained the incorrect statement that the officers of Local Union 795 will elect delegates to the International convention.
The Clout Booklet distributed by Mr. Mosqueda has been previously evaluated in Martin, P-010-IBT-PNJ (August 17, 1995), aff’d, 95 - Elec.App. - 18 (KC) (October 2, 1995). There the Election Officer determined that the union-financed publication did not violate the Rules. In affirming her decision, the Election Appeals Master explained that the Clout Booklet did not breach the Rules “since the articles did not specifically refer to the 1996 elections, and were published almost two years prior to the December 1996 election of IBT officers and three months prior to the beginning of the delegate election process.” The protester has submitted no new evidence or raised any issues in this protest not previously considered by the Election Officer or the Election Appeals Master.
The protester also contends that the distribution of the flyer is improper under the Rules because it contained incorrect information.
Larry F. Landwehr
November 15, 1995
Page 1
The statement in Mr. Mosqueda’s campaign flyer indicating the election involved voting on local union officer and delegates was inaccurate. The Rules, however, do not impose upon candidates the duty to be truthful in their remarks about opposing candidates or even be accurate in their commentary on the Rules themselves--and for very good reasons. Pursuant to Article I, the Election Officer’s duty is to “insure fair, honest, open and informed elections.” This essential goal is achieved by supporting a “policy of encouraging free and open debate in internal union affairs.” Mora, et al., P-186-LU186-CLA et seq. (October 19, 1995). As the Election Officer stated in Braxton, Case No. P-304-LU623-PHL (May 21, 1991):
The fact that campaign statements . . . were allegedly false or even defamatory does not remove [them] from the protection of the Rules. The model for free and fair Union elections is that of partisan political elections . . . The cardinal principle is that the best remedy for untrue speech is more free speech, with the electorate being the final arbiter.
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:
Kenneth Conboy, Esq.
Latham & Watkins
885 Third Avenue, Suite 1000
New York, NY 10022
Fax (212) 751-4864
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
Michael D. Gordon, Regional Coordinator