February 27, 1996
VIA UPS OVERNIGHT
George Kieffer
February 27, 1996
Page 1
George Kieffer
2580 Miller Street
Lakewood, CO 80215
Roman R. Garcia, Secretary-Treasurer
Teamsters Local Union 435
2941 West 19th Avenue
Denver, CO 80204
Steve Vairma, President
Teamsters Local Union 435
2941 West 19th Avenue
Denver, CO 80204
David Ring, Vice President
Teamsters Local Union 435
2941 West 19th Avenue
Denver, CO 80204
Roger Quimby, Trustee
Teamsters Local Union 435
2941 West 19th Avenue
Denver, CO 80204
Sylvia Salazar, Recording Secretary
Teamsters Local Union 435
2941 West 19th Avenue
Denver, CO 80204
Ron Cash
Teamsters Local Union 435
2941 West 19th Avenue
Denver, CO 80204
Gary Stugart
Teamsters Local Union 435
2941 West 19th Avenue
Denver, CO 80204
George Kieffer
February 27, 1996
Page 1
Re: Election Office Case No. P-390-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 Delegate and Officer Election ("Rules") by
George Kieffer
February 27, 1996
Page 1
George Kieffer, a member of Local Union 435 and a candidate for delegate on the Teamsters for Justice slate, against the members of the opposing Teamsters United slate. The protester asserts that the charged parties have slandered the reputation of his slate by use of the term "bigotry" in two pieces of campaign literature distributed by the Teamsters United slate. Mr. Kieffer views the use of this term as a "personal attack on me and all our candidates," and contends that such false and unfair charges have no place in an election campaign.
Associate Regional Coordinator Zeik Saidman investigated the protest.
The first piece of Teamsters United campaign literature objected to by the protester is a flyer with the heading "Here's what we stand for." (Emphasis in original).[1] After listing five "planks" in the Teamsters United slate's "platform," the flyer states: "What we're against is the campaign of vicious lies and bigotry that's aimed at dividing the Local 435 membership." (Emphasis in original).
The second piece of literature consists of a sample ballot for the delegate election. The box next to the name "Teamsters United" is checked, with the words "One check mark does it!" to the right of the slate name. Members are urged to vote for the Teamsters United slate, with the following language:
Say NO to hate speech, outright lies, thinly-veiled bigotry and negative political campaigning!
Say YES to the only slate of INDEPENDENT-minded delegates who will represent YOUR interests at the International Convention.
The protester states that Local Union 435 has many Hispanic members and that by using the word "bigotry," the Teamsters United slate is "playing the race card." He claims that charged parties Roman Garcia and Sylvia Salazar, the secretary-treasurer and recording secretary, respectively, of the local union, are raising this issue because they are Hispanic, even though the Teamsters for Justice slate has done nothing that could be viewed as "bigoted." Mr. Kieffer states that his opposition to Mr. Garcia is based on the latter's abilities as a leader, and has no connection to race.
The Election Officer has consistently held that the Rules "do not impose upon candidates the duty to be truthful in their remarks about opposing candidates." Landwehr, P-201-LU795-MOI (November 15, 1995). As the Election Officer recently stated in a protest involving the same parties as the instant case: "The goal to be protected is free speech." Newhouse, P-388-LU435-RMT (February 21, 1996). To this end, the Election Officer has held:
George Kieffer
February 27, 1996
Page 1
The fact that campaign statements . . . were allegedly false or even defamatory does not remove such literature from the protection of the Rules. The model for free and fair Union elections is that of partisan political elections. In those elections, contestants are generally allowed to make whatever assertions, allegations, statements of opinion or even of alleged facts without legal sanctions for their truth or falseness. The cardinal principle is that the best remedy for untrue speech is more free speech, with the electorate being the final arbiter.
Braxton, Case No. P-304-LU623-PHL (May 21, 1991). See also Mora, et al., P-186-LU186-CLA, et seq. (October 19, 1995).
In the instant protest, it is not disputed that the leaflets at issue are campaign material. Accordingly, the Election Officer finds that use of the term "bigotry" in this material is protected free speech and 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
Zeik Saidman, Associate Regional Coordinator
[1]Mr. Kieffer filed a protest over this material on January 26, 1996. Prior to the protest being assigned a docket number by the Election Office, Mr. Kieffer filed a second protest on February 1 concerning the use of the term "bigotry" in campaign literature. As the protests raised the identical issue, the Election Officer decided to consolidate them under the docket number
P-390.