February 8, 1996
VIA UPS OVERNIGHT
George Kieffer
February 8, 1996
Page 1
George Kieffer
2580 Miller Street
Lakewood, CO 80215
Roman Garcia, Secretary-Treasurer
Teamsters Local Union 435
2941 W. 19th Avenue
Denver, CO 80204
Steve Vairma, President
Teamsters Local Union 435
2941 W. 19th Avenue
Denver, CO 80204
Dave Ring
Teamsters Local Union 435
2941 W. 19th Avenue
Denver, CO 80204
Sylvia Salazar
Teamsters Local Union 435
2941 W. 19th Avenue
Denver, CO 80204
Roger Quimby
Teamsters Local Union 435
2941 W. 19th Avenue
Denver, CO 80204
Ron Cash
Teamsters Local Union 435
2941 W. 19th Avenue
Denver, CO 80204
Gary Stugart
Teamsters Local Union 435
2941 W. 19th Avenue
Denver, CO 80204
Teamsters United
7906 W. 90th Avenue
Westminster, CO 80030
George Kieffer
February 8, 1996
Page 1
Re: Election Office Case Nos. P-325-LU435-RMT
P-326-LU436-RMT
Gentlemen:
Pre-election protests were filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by
George Kieffer, a member of Local Union 435.
George Kieffer
February 8, 1996
Page 1
Mr. Kieffer alleges (P-325-LU435-RMT) that Local Union 435 Secretary-Treasurer Roman Garcia and President Steve Vairma used local union resources to produce and distribute a campaign flyer. In P-326-LU435-RMT, he alleges that the flyer is “false and misleading” because it gives the impression that Mr. Garcia’s slate of candidates has already won the Local Union 435 delegate and alternate election.
Mr. Garcia and Mr. Vairma respond that no union resources were used to produce the flyer. They state that the flyer was written by Jim Adams, a member of Local Union 435, on his home computer. According to the Messrs. Garcia and Vairma, the flyer was printed by a union printer in Denver. In addition, they state that the phrase “Convention 1996 Delegates Elect” is meant to be descriptive of the upcoming IBT convention and was not intended to convey victory for their slate of candidates.
These protests were investigated by Associate Regional Coordinator Zeik Seidman.
Article XII, Section 1(b)(1) of the Rules generally prohibits labor organizations from contributing union resources to influence delegate and officer elections.
Mr. Adams corroborates that he produced the campaign flyer at his home using his software, computer and printer. Also corroborating Messrs. Garcia and Vairma is the printer who identified the flyer by job number and described it accurately. A receipt was provided to the Election Officer identifying the flyers as well as the quantity printed.
In consideration of the foregoing, the protest in P-325-LU435-RMT is DENIED.
As to Mr. Kieffer’s allegation that the flyer is false and misleading, the Election Officer reviewed the text of the flyer. Mr. Kieffer specifically protests that the words “Convention 1996 Delegates Elect” at the bottom of the flyer connotes that an election has already been held and that Mr. Garcia’s slate of candidates already had been elected. The ballots for the Local Union 435 delegate and alternate election were mailed on February 1, 1995 and are scheduled to be counted on February 28, 1995.
The Election Officer notes that “[u]nderlying the Rules is a firm policy against censorship or the regulation of the content of campaign literature.” Braxton, P-304-LU623-PHL (May 21, 1991). Nonetheless, the Election Officer will review the content of campaign literature where it is alleged that such content interferes with her mandate to conduct “fair, honest, open and informed elections.” Rules, Preamble at (I). After close review, the Election Officer finds that the text does not convey the impression that an election already has occurred. It specifically states that the members of the slate are “seeking election.” Moreover, the text of the flyer states “[t]he election for the delegates to the Convention for Local 435 will be held in February of this year.”
For the foregoing reasons, the protest in P-326-LU436-RMT is DENIED.
George Kieffer
February 8, 1996
Page 1
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
Zeik Seidman, Associate Regional Coordinator