March 7, 1996
VIA UPS OVERNIGHT
Denis Taylor
March 7, 1996
Page 1
Denis Taylor
273 Thelma Avenue
Glen Burnie, MD 21061
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
Denis Taylor
March 7, 1996
Page 1
Re: Election Office Case No. P-419-LU355-PNJ
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 Denis Taylor, a member of Local Union 355. Mr. Taylor alleges that Ron Carey, general president of the IBT and current candidate for re-election, has misused the IBT membership lists which it is obligated to prepare under Article VIII, Section 3(a).
The evidence establishes that accredited candidate Diana Kilmury, through TDU, provided a copy of the IBT membership list to the Rights and Freedom Team, a local delegate and alternate delegate slate which supports Ron Carey.[1] It is the protester’s contention that this slate of candidates may use the list only to advance their own candidacy, and not the candidacy of Ron Carey.
Regional Coordinator Bruce Boyens investigated this protest.
Denis Taylor
March 7, 1996
Page 1
The Rules, at Article VIII, Section 3(a), provide, in pertinent part, that:
No membership list may be used for any purpose other than advancing the accredited or nominated candidate’s campaign for nomination and/or election. Use of a membership list in support of the election of delegate and/or alternate delegate candidates shall not constitute misuse of the list, provided that the list is used solely to address the accredited or nominated candidate’s campaign for nomination and/or election.
The protester misreads the provision that he asserts has been violated. Article VIII, Section 3(c)(a) specifically provides that the IBT membership list may be used by delegates and alternate delegates to promote the election of an accredited candidate, such as Mr. Carey.
For the foregoing reasons, 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
Peter V. Marks, Regional Coordinator
Bruce Boyens, Regional Coordinator
[1]In Cipriani, P-420-LU391-SEC, et al. (appeal pending), the Election Officer ruled that Kilmury had violated the Rules by utilizing Ken Paff, organizer for TDU, to distribute the membership list to local union delegate candidates who supported the Carey slate. The Election Officer further ruled that delegate candidates who had received the list were not required to return it, as they could have permissibly obtained the list from accredited candidate Kilmury.