November 9, 1995
VIA UPS OVERNIGHT
Jack Powers
November 9, 1995
Page 1
Jack Powers, Secretary-Treasurer
Teamsters Local Union 1150
150 Garfield Avenue
Stratford, CT 06497
Sikorsky Aircraft
6900 Main Street
Stratford, CT 06601
Gary Thibeault
43 Chestnut Street
Seymour, CT 06483
Jack Powers
November 9, 1995
Page 1
Re: Election Office Case No. P-229-LU1150-EOH
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 by Jack Powers, Secretary-Treasurer of Local Union 1150. Mr. Powers protests that a candidate for delegate to the IBT Convention from Local Union 1150 used his employer’s telecopier to receive documents concerning the delegate election during work hours. The protester contends that such use constitutes a prohibited employer contribution under Article XII Section 1(b)(1) of the Rules.
As part of the preparation for a contested delegate election, the regional representatives of the Election Officer have been instructed to have candidates review a draft of the ballot to ensure that their names, position, and slate affiliation, if any, have been properly stated and spelled. Pursuant to this practice, on November 3, 1995, the Associate Regional Coordinator sent a copy of the mock-up of the Local 1150 ballot to one of the candidates via the telecopier at his place of employment, Sikorsky Aircraft. Because Mr. Powers, a delegate candidate on the “Powers Slate,” was able to be reached at his place of employment, the Local Union 1150 office, a copy of the ballot was faxed to him at that location.
Jack Powers
November 9, 1995
Page 1
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.” The prohibition expressly includes the use of the employer’s equipment.
In Lally, P-167-LU378-SCE (January 4, 1991), aff’d, 90 - Elec. App. - 36
(January 14, 1991), Election Officer decided that a member’s use of his employer’s telecopier to transmit a protest to the Election Office did not violate the Rules. The Election Officer observed that the Rules do not prohibit employer or union contributions in furtherance of the fundamental goal of fair, honest and open elections, and that the protest procedure was integral to that goal. See Rules, Preamble and Article I. Further noted that administration of the electoral scheme requires the prompt and reliable transmission of information and documents. Thus, he held that the de minimis contribution represented by such use of telephone, duplicating or telecopier equipment was far outweighed by its value in furthering the purpose of the Rules.
The observations of the Election Officer in Lally are fully applicable to the instant protest involving the accuracy of a delegate election ballot. The correctness of the form, names and any slate listed on the ballot is essential. The process of preparing and printing the ballots must be expeditious in order to comply with applicable time limits set forth in the Rules.
Accordingly, the use of a telecopier, whether owned by an employer or a union, to transmit a mock ballot to a candidate for verification predominantly furthers the purpose of the Rules. As long as an employer or union permits use of its telecopier or other equipment on a nondiscriminatory basis, reasonable use for the purposes described herein does not violate the Rules.
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
Jack Powers
November 9, 1995
Page 1
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
David F. Reilly, Associate Regional Coordinator