February 22, 1996
VIA UPS OVERNIGHT
Roman Garcia
February 22, 1996
Page 1
Roman Garcia
7906 W. 90th Avenue
Westminster, CO 80021
George Kieffer
Teamsters United Slate
3440 Youngfield Street #101
Wheatridge, CO 80033
Robert Newhouse
Teamsters United Slate
3440 Youngfield Street #101
Wheatridge, CO 80033
Tim Mace
Teamsters United Slate
3440 Youngfield Street #101
Wheatridge, CO 80033
Douglas Brees
Teamsters United Slate
3440 Youngfield Street #101
Wheatridge, CO 80033
Alan Frisbee
Teamsters United Slate
3440 Youngfield Street #101
Wheatridge, CO 80033
Curt Bowker
Teamsters United Slate
3440 Youngfield Street #101
Wheatridge, CO 80033
Alan Knoll
Teamsters United Slate
3440 Youngfield Street #101
Wheatridge, CO 80033
Roman Garcia
February 22, 1996
Page 1
Re: Election Office Case No. P-436-LU435-RMT
Gentlemen:
Roman Garcia
February 22, 1996
Page 1
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 Roman Garcia, secretary-treasurer of Local Union 435 and a candidate for delegate on the "Teamsters United" slate, against the members of the opposing "Teamsters for Justice" slate. The protester asserts that the charged parties improperly utilized the emblem of the IBT on a piece of campaign literature, giving members "the impression that [the literature] is authorized by the I.B.T. or a local union, which is untrue."
The charged parties claim that the protest is untimely, under the Rules.
The protest was investigated by Associate Regional Coordinator Zeik Saidman.
Mr. Garcia filed the protest on February 9, 1996. By letter dated February 13, 1996, the Election Officer acknowledged receipt of the protest, with a copy of the letter sent to the charged parties. On February 20, 1996, George Kieffer contacted the Election Officer stating that he received the Election Officer's letter of acknowledgment of this protest but no copy of the protest charges was attached. Mr. Kieffer informed the Associate Regional Coordinator of this problem and requested a complete copy of the protest. Mr. Kieffer asserts that as "(a) week has passed and I have not received copies of the charges," the protest should be declared untimely under Article XIV, Section 2(b) of the Rules.[1]
After investigating Mr. Kieffer's charge with the Associate Regional Coordinator and the Election Office staff, the Election Officer has determined that Mr. Kieffer did not receive a complete copy of the instant protest with the acknowledgment letter or since speaking with
Mr. Saidman. The Election Officer attributes this inadvertent error to the large volume of protests that have been filed from Local Union 435 which has resulted in some administrative confusion. While the Election Officer regrets that this error occurred and appreciates
Mr. Kieffer's concern, the critical fact is that Mr. Garcia filed his protest in a timely manner and should not be penalized for any subsequent problems that occurred in administration of the protest. Accordingly, the Election Officer will decide the instant case on the merits.
The campaign material at issue is a one-page leaflet with the headline "Elect the Working Teamsters." At the top of the page, on each side of the headline, appears the IBT logo.
Article XII, Section 1(b)(3) of the Rules prohibits candidates from utilizing "the Union's official stationery with the Union's name, insignia or other mark identifying the Union." The next sentence, however, states that "(o)ther use of the Union's name, insignia or mark by Union members, in connection with the exercise of rights under the Rules, is permitted."
The Election Officer has consistently held that candidates have the right to utilize the IBT emblem or logo on their campaign literature. Hoffa, P-214-IBT-SCE (November 28, 1995); Majka, P-226-LU182-PGH, aff'd, 91 - Elec. App. - 40 (January 18, 1991); Conaway, P-541-LU420-CLA, aff'd, 91 - Elec. App. - 87 (March 6, 1991); Pettit, P-654-LU630-CLA (March 15, 1991); Miranda, P-685-LU420-CLA (March 25, 1991).
Roman Garcia
February 22, 1996
Page 1
Accordingly, the Election Officer finds that the charged parties did not violate the Rules by their use of the IBT logo, 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, Regional Coordinator
[1]Article XIV, Section 2(b) requires all pre-election protests to be filed "within two (2) working days of the day when the protestor becomes aware or reasonably should have become aware of the action protested."