January 22, 1996
VIA UPS OVERNIGHT
Richard Lopez
January 22, 1996
Page 1
Richard Lopez
606 N. 6th Avenue
Maywood, IL 60153
Eddie Kornegay, Trustee
Teamsters Local Union 743
300 S. Ashland Avenue
Chicago, IL 60607
Pat Nakamura
Teamsters Local Union 743
300 S. Ashland Avenue
Chicago, IL 60607
Ron Carey, General President
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
Susan Davis
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
Richard Lopez
January 22, 1996
Page 1
Re: Election Office Case No. P-287-LU743-CHI
Gentlepersons:
Richard Lopez, a member of Local Union 743, filed a protest pursuant to Article XIV, Section 2(b) of the Rules for the IBT 1995-1996 International Union Delegate and Officer Election (“Rules”). The protester complains that Local Union 743 is continuing to use the phrase “Putting Members First” in the local union newspaper despite the order of the Election Officer in Lopez, Case No. P-242-LU732-SCE (December 19, 1995), aff’d, 96 - Elec.
App. - 51 (KC) (January 8, 1996), prohibiting the use of the phrase in the local union’s communications and publications. In Lopez, supra, the Election Officer found that Local Union 743’s prominent use of the phrase “Putting Members First” in its communications and publications constituted an improper endorsement of Mr. Carey’s candidacy and his slate because the phrase is a slogan used by those campaigns. The Election Officer ordered the local union to immediately cease and desist from using the slogan on any and all Local
Union 743 communications and publications.
Richard Lopez
January 22, 1996
Page 1
Local Union 743 responds that it did not “conscious[ly] attempt to thwart the Election Officer’s decision.” The local union states that the protested newspaper issue was printed before it received a copy of the decision in Lopez. Additionally, the local union argues that Lopez was not a final and binding determination, pursuant to the Rules, while the local union’s appeal of the decision was pending.
This protest was investigated by Regional Coordinator Julie E. Hamos.
The protested issue of Voice of 743 is the November/December 1995 issue, which has the words “Putting Members First” featured in bold print on the top of the first page of the paper, next to the name of the publication. The phrase “Putting Members First” is displayed in exactly the same manner as in the October/November 1995 Voice of 743, which was found to improperly use the slogan in Lopez.
The November/December 1995 issue was printed on December 18 and 19, 1995. Local Union 743 received its copy of the decision in Lopez on December 20, 1995. Approx-imately 20,000 copies of the November/December 1995 paper were sent to a mailing house on or about December 22, 1995 from which the papers were mailed out on December 26, 1995.
While the publication was printed before the decision issued, its distribution occurred after the decision. After receiving the Election Officer’s decision prohibiting the use of the slogan “Putting Members First,” Local Union 743 caused approximately 20,000 copies of its November/December 1995 newspaper to be distributed with the prohibited slogan prominently displayed on the paper’s front page. Having received the Lopez decision, it was, at the very least, incumbent upon the local union to inquire as to how distribution of the newsletter with the prohibited slogan would be treated with respect to the remedial order in the decision. The Election Officer finds that the distribution of this newsletter constitutes a violation of the Rules for the same reasons as set forth in Lopez.
Local Union 743 additionally argues that it need not comply with the decision of the Election Officer while an appeal of that decision is pending. The local union appealed the decision in Lopez on December 21, 1995, although it withdrew the appeal on January 2, 1996.
The position of Local Union 743 that the Election Officer’s decisions are automatically stayed pending appeal undermines the fundamental mission and broad remedial authority of the Election Officer. In Article I of the Rules, the Election Officer specifically “reserves the authority to take all necessary actions in supervising the election process to insure fair, honest, open and informed elections.” Article XIV, Section 4 permits the Election Officer to take whatever remedial action is appropriate upon determination that the Rules have been violated. Consistent with the goals and prerogatives set forth in the Rules, an order of the Election Officer is immediately enforceable against parties determined to be in violation of the Rules unless the parties otherwise obtain a stay from the Election Officer.
Based on the foregoing, the protest is GRANTED.
Richard Lopez
January 22, 1996
Page 1
The Election Officer is empowered to remedy violations of the Rules by whatever action is appropriate. In this case, the Election Officer has already ordered Local Union 743 to immediately cease and desist from using the words “Putting Members First” on any and all Local Union 743 communications and publications. This order remains in full force.
Nevertheless, in light of the continuing use of the prohibited slogan after the issuance of Lopez, the Election Officer finds that an additional remedy is needed. Local Union 743 is ordered to publish the “Notice to Members from Trustee Eddie Kornegay” attached to this decision in the next issue of the local union newspaper. The notice shall be signed by
Mr. Kornegay, shall not be less than one-half page in length, shall be located either on page 1 or 2 or 3 of the publication, and shall be subject to the prior review and approval of the Election Officer as to the manner of its presentation, including the size and variety of typeface by which it is presented.
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 and 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
Julie E. Hamos, Regional Coordinator
NOTICE TO LOCAL UNION 743 MEMBERS FROM
TRUSTEE EDDIE KORNEGAY
All IBT members have the right to support and cast their secret-mail ballot on behalf of candidates of their own choosing for International Office in the IBT elections. However, neither a local union, joint council, or other subordinate body nor the International union may, as an entity, endorse any candidate or slate of candidates for International office in the IBT elections.
The repeated use, in the Voice of Local 743 and other Local Union 743 communi-cations and publications, of the slogan “Putting Members First,” a slogan of candidate
Ron Carey and his slate, may have led you to believe that Local Union 743 has endorsed the candidacy of Ron Carey and his slate of candidates for International Office in the IBT. I therefore wish to make clear that Local Union 743 does not endorse any candidate or slate of candidates for International office in the IBT.
Eddie Kornegay Trustee, Local Union 743
Approved by Barbara Zack Quindel, IBT Election Officer.