January 18, 1996
VIA UPS OVERNIGHT
Robert H. Newhouse
January 18, 1996
Page 1
Robert H. Newhouse
6486 S. Saulsburg Street
Littleton, CO 80123
Steve Vairma, President
Teamsters Local Union 435
2941 W. 19th Avenue
Denver, CO 80204
David Ring, Vice President
Teamsters Local Union 435
2941 W. 19th Avenue
Denver, CO 80204
Roman R. Garcia, Secretary-Treasurer
Teamsters Local Union 435
2941 W. 19th Avenue
Denver, CO 80204
Sylvia Salazar, Recording Secretary
Teamsters Local Union 435
2941 W. 19th Avenue
Denver, CO 80204
Roger Quimby, Trustee
Teamsters Local Union 435
2941 W. 19th Avenue
Denver, CO 80204
Robert H. Newhouse
January 18, 1996
Page 1
Re: Election Office Case No. P-290-LU435-RMT
Gentlepersons:
A pre-election protest was filed pursuant to Article XIV, Section 2 (b) of the Rules for the 1995-1996 IBT International Union Election (“Rules”) by Robert H. Newhouse, a member of Local Union 435. Mr. Newhouse asserts that the delegate slate of which he is a part, the “Teamsters for Justice,” has been denied the same access to Local Union 435’s membership mailing list as given to the local union officers. The protest is filed against the “Teamster United” delegate slate, which is comprised of the incumbent officers and executive board members of Local Union 435.
The protest was investigated by Associate Regional Coordinator Zeik A. Saidman.
Robert H. Newhouse
January 18, 1996
Page 1
Local Union 435 maintains a list of all its members. Its policy is to allow any candidate or slate to inspect this list upon request. No candidate or slate may make a copy of the list, however, and Local Union 435 does not produce any “hard copies.” This restriction, according to Local Union 435 President Steve Vairma, is to protect the confidentiality of the members. The lists, however, may be viewed both before and after regular business hours. No candidate or slate, including the incumbent officers and executive board members, is allowed to view the list for any election related purpose during other times. No one, including incumbent officers and executive board members, is permitted to copy the membership list for any purpose.
Neither Mr. Newhouse nor any member of his slate has requested to view the list. There is no evidence that Local Union 435 has in any way deviated from its policy regarding the viewing or copying of the membership list.
The Rules, at Article VIII, Section 2, provide as follows:
Each candidate has the right, once within thirty (30) days prior to the casting of ballots in any election in which he/she is a candidate, to inspect a list containing the last known names and addresses of all members of the Union who are to participate in such election. The right of inspection does not include the right to copy the list but does include the right to compare it with a personal list of members. However, if the Union permits any candidate to copy the list, all candidates must be notified of this and provided the same opportunity. The Union shall not, in any way, discriminate in favor of or against any candidate with respect to access or use of the membership list.
Local Union 435 has not denied any candidate or slate access to its membership list in violation of Article VIII, Section 2. There is no evidence that Local Union 435 has enforced its policy in a discriminatory manner.
Accordingly, 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 and Watkins
885 Third Avenue, Suite 1000
Robert H. Newhouse
January 18, 1996
Page 1
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
Jonathan Wilderman, Regional Coordinator