Protest Decisions

              February 29, 1996

VIA UPS OVERNIGHT

Don Tibbits, et al.

February 29, 1996

Page 1

Don Tibbits

W. 173 S. 7999 Scenic Drive

Muskego, WI 53150

Mitchell Jerry Surprise

N. 65 W. 23406 Elm Avenue

Sussex, WI 53089

Members United Slate

Teamsters Local Union 200

6200 W. Bluemound Road

Milwaukee, WI 53213

Mike Jackson

Teamsters Local Union 200

6200 W. Bluemound Road

Milwaukee, WI 53213

Don Tibbits, et al.

February 29, 1996

Page 1

Re:  Election Office Case No. P-432-LU200-NCE

Gentlemen:

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 Don Tibbits, a member of Local Union 200 and a candidate for delegate on the “Rank and File Slate.”  The charged parties are the “Members United Slate” and Mike Jackson, a business agent of the local union and a candidate on this slate.  The protester makes two charges: (1) a sample ballot mailed by the Members United Slate to the local union membership “is causing confusion in the voting process” because it differs from the actual ballot; (2) Mr. Jackson used his position as business agent for Ambrosia Chocolate Company (“Ambrosia”) to gain access to the company for the purpose of campaigning for his slate, a right which was denied to members of the Rank and File Slate.  Mr. Tibbits further alleges that Mr. Jackson transported his campaign materials in an automobile belonging to the local union and campaigned on union time.

Don Tibbits, et al.

February 29, 1996

Page 1

The charged parties respond that it is very clear that the sample ballot is campaign literature and not the actual ballot.  In regard to Mr. Jackson, they state that he leafleted in the employee parking lot only, as did members of the Rank and File Slate, and received no special privileges due to his position as business agent.  Mr. Jackson, the charged parties assert, campaigned on personal time using his own vehicle.

Regional Coordinator Judith Kuhn investigated this protest.

I.              Sample Ballot             

The sample ballot is printed in red and black ink on an 8½14-inch piece of paper.  The following text appears at the top of the page:

DEAR BROTHER AND SISTER TEAMSTERS:

SOON YOUR BALLOT WILL ARRIVE FOR THE DELEGATES ELECTION.  VOTE “MEMBERS UNITED” BY MARKING THE SQUARE TO THE LEFT OF: “MEMBERS UNITED SLATE”

The next line reads: “Sample Ballot for the Election of Convention Delegates.”  In the part of the ballot where the delegate slates appear, only the Members United Slate is listed, with the slate box and the box for each candidate marked with an “X” in red ink.[1]  All of the candidates for alternate delegate are listed.

The bottom third of the page contains the following text:

THIS WILL BE THE MOST IMPORTANT VOTE YOU HAVE EVER CAST AS A TEAMSTER.  MAKE IT COUNT.

THE ELECTED DELEGATES YOU CHOOSE WILL DECIDE THE FUTURE OF OUR UNION, MAKE SURE YOU AND YOUR FAMILY HAVE A PLACE IN THAT FUTURE:

VOTE MEMBERS UNITED!

(Emphasis in original)

The very bottom of the page has the phrase “Paid for by ‘Members United’” followed by the slate’s logo.

The words “Vote Members United It’s Your Future” are printed on the reverse side of the leaflet in very large, bold letters. 

Don Tibbits, et al.

February 29, 1996

Page 1

The Election Officer has previously found that such sample ballots are “not deceptive or misleading because the alterations . . . clearly transformed the draft ballot into campaign literature.”  See Newhouse, P-388-LU435-RMT (February 21, 1996); also Antoskiewicz,

P-452-LU507-CLE (February 28, 1996).

In the instant protest, the sample ballot distributed by the charged parties was extensively altered, and is unmistakably campaign material.  Accordingly, the Election Officer finds that the ballot was clearly campaign literature for the Members United Slate and is thereby protected by the Rules.

II.              Campaigning at Ambrosia

On February 9, 1996, Mike Jackson and Tim Buban, another candidate on the Members United Slate, went to Ambrosia at 6:30 a.m. to distribute campaign material for their slate.  The investigation conducted by the Election Officer demonstrates that both Mr. Jackson and Mr. Buban drove their own cars to the plant and took a half-day vacation in order to campaign.[2]  Mr. Jackson and Mr. Buban distributed leaflets to individuals in the employee parking lot, as permitted by the Rules; they did not place leaflets on car windshields.  Neither of the candidates entered the plant itself and no campaign material for the Members United Slate was posted there.

The protester, who was not present at Ambrosia on February 9, contends that

Mr. Jackson utilized his position to gain access to the plant, while members of the Rank and File Slate were denied such access, and, furthermore, were prohibited from placing campaign material on employee vehicles in the parking lot.  Mr. Tibbits presented no evidence, however, that Mr. Jackson entered the plant or that campaign material for the Members United Slate was posted there.  The Election Officer’s investigation also disclosed that the

Mr. Tibbits’ Slate has distributed leaflets in Ambrosia’s parking lot.

Mr. Tibbits has offered no evidence to support his allegations that Mr. Jackson campaigned on union time and with a union-owned vehicle.

For the foregoing reasons, the instant 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:

Don Tibbits, et al.

February 29, 1996

Page 1

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 N. 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

Judith Kuhn, Regional Coordinator