February 29, 1996
VIA UPS OVERNIGHT
Clarke A. Stillwagen
4626 Mercury Street
San Diego, CA 92111
Robert Germann
4211 East Overlook
San Diego, CA 92115
Re: Election Office Case No. P-525-LU36-CLA
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 Clarke A. Stillwagen, a member of Local Union 36. Mr. Stillwagen asserts that the use of the slate name “Rank and File For Carey ‘96” by Robert Germann and Penny Adamo for use in Local Union 36’s delegate elections is improper. According to the protester, the slate’s name will mislead voters because it implies that General President Ron Carey endorses the slate and that other candidates do not support Mr. Carey.
The protest was investigated by Regional Coordinator Dolly Gee.
Article IX, Section 1 of the Rules sets forth guidelines for candidates who wish to form slates. The only reference to the naming of a slate is found in Section 1(b), which states:
To form a slate, there shall be mutual consent between and among all candidates running on the slate. Such mutual consent shall be evidenced by the signing of a declaration by all members of the slate, giving the position that each candidate seeks and the name, if any, of the slate to be formed.
Clarke Stillwagen
February 29, 1996
Page 1
Article IX puts no limitations on the names that may be chosen by a slate of candidates. Similarly, the slate declaration form produced by the Election Officer does not define or limit the name a slate may use.
Under the Rules, the Election Officer is charged with ensuring the “conduct of fair, honest, open and informed elections.” Article I. Thus, in considering protests over slate names, the Election Officer will review whether the name would interfere with these criteria. Generally, however, the Election Officer will permit parties a wide breadth in the selection of a slate name, so long as the name is not chosen to materially mislead the voters, the name selected does not specify or communicate incumbency, is not obscene, or is not too lengthy to appear on the ballot. Holland, et al., P-188-LU480-SCE, et seq. (October 12, 1995), Dunning, et al., P-189-LU 486-MGN, et seq. (October 13, 1995). In the last election, the Election Officer ruled that the designation “Ron Carey Slate” was not in violation of the Election Rules because it did not identify incumbency, was not obscene and was not too lengthy to appear on the ballot. Cimino, Election Office Case No. P-147-LU107-PHL (December 26, 1990).
More recently, in Dietrich, P-350-LU249-PGH (February 5, 1996), the Election Officer found that the slate name “Delegates for Carey” does not violate the Rules. Consistent with these precedents, the Election Officer finds that the use of the name “Rank and File For Carey ‘96” does not mislead voters. Therefore, it does not violate the Rules.
Accordingly, 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
Clarke Stillwagen
February 29, 1996
Page 1
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
Dolly Gee, Regional Coordinator