November 9, 1995
VIA UPS OVERNIGHT
Kenneth A. Ramser
November 9, 1995
Page 1
Kenneth A. Ramser
11530 Gross Drive
Parma, Ohio 44130
John M. Mozena, President
Teamsters Local Union 24
727 Grant Street
Akron, Ohio 44311
Kenneth A. Ramser
November 9, 1995
Page 1
Re: Election Office Case Nos. P-212-LU24-CLE
P-219-LU24-CLE
Gentlemen:
A pre-election protest, P-212-LU24-CLE, was filed pursuant to Article XIV,
Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”) by Kenneth A. Ramser, a member of Local Union 24 and a candidate for delegate. The same protest was inadvertently docketed a second time by the Office of the Election Officer and assigned a separate case number, P-219-LU24-CLE. This decision applies to both cases. The protester alleges that a mailing sent by John Mozena, President of Local Union 24, to the local union membership in that it constituted campaigning for Mr. Mozena at the expense of the local union. Mr. Mozena contends that the mailing was not campaigning and was prompted by questions from local union members regarding their right to representation in disciplinary interviews.
Regional Coordinator Joyce Goldstein investigated the protest.
Mr. Mozena sent a letter to the membership of Local Union 24 dated October 9, 1995. The letter, addressed to “All Members of Local 24,” was written on Local Union 24 stationery and signed by Mr. Mozena in his capacity as president. The letter outlined a member’s legal rights to representation by the union if the member is summoned to a disciplinary interview by his or her employer, commonly known as “Weingarten Rights.” Attached to the letter was a business-sized card titled “Disciplinary Interrogation Rights,” which contained a statement for members to make to their employer if they felt the interview might result in disciplinary action. The card also identified Mr. Mozena as the President of Local Union 24.
Kenneth A. Ramser
November 9, 1995
Page 1
At the time of the mailing, Local Union 24 was preparing for an election of local officers. The protester has announced his candidacy for delegate. Mr. Mozena has not announced that he is a candidate for delegate.
Article VIII, Section 8(a) of the Rules states that “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 Rules define a “candidate” as “any member who is actively seeking nomination or election for any Convention delegate or alternate delegate position or International Officer position.”
In accordance with this definition, there is no evidence that Mr. Mozena is a “candidate” within the meaning of the Rules. The fact that Mr. Mozena was running for local union office at the time he mailed the materials at issue to the membership does not bring him within the jurisdiction of the Rules. The candidate status of the protester is irrelevant because the letter and card mailed by Mr. Mozena do not represent an attack upon the protester’s candidacy.
Based on the foregoing, the Election Officer finds that Article VIII, Section 8(a) of the Rules has not been violated and, therefore, 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
Joyce Goldstein, Regional Coordinator