March 13, 1996
VIA UPS OVERNIGHT
Ross Kulak
March 13, 1996
Page 1
Ross Kulak
6730 Mesa Court
Burnaby, BC V5E 3W3
Thomas Milne, Secretary-Treasurer
Teamsters Local Union 155
490 E. Broadway
Vancouver, BC V5T 1X3
Curt Martell
Teamsters Local Union 155
490 E. Broadway
Vancouver, BC V5T 1X3
Ross Kulak
March 13, 1996
Page 1
Re: Election Office Case No. P-555-LU155-CAN
Gentlemen:
Ross Kulak, a member of Local Union 155, and a candidate for alternate delegate, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”). The protester alleges that he was treated unfairly by Local Union 155, Local Union 155 Secretary-Treasurer Thomas Milne and Business Agent Curt Martell because the local union provided him with a seniority list and the names and addresses of members rather than the address labels he had requested. Thus, he was unable to complete a mailing of his campaign literature. Mr. Kulak also claims that he was unfairly disadvantaged in contrast to Mr. Milne and Mr. Martell (who are candidates for delegate and alternate delegate, respectively), because they utilized pre-pasted address labels to mail their campaign material. He also contends that he was misled into believing that Mr. Milne and
Mr. Martell would not do a mailing of campaign literature. Finally, the protester contends that campaign literature sent by Mr. Milne and Mr. Martell may be in violation of the Rules.
Mr. Milne responds that Mr. Kulak was never informed that the officers’ slate would not mail literature. Mr. Milne also states that Mr. Kulak was, in fact, provided with labels, but that the set given to him was cut-and-paste rather than pre-pasted, and that the pre-pasted label used by Mr. Milne and Mr. Martell to mail their campaign literature were provided “from Washington.”
Ross Kulak
March 13, 1996
Page 1
Regional Coordinator Gwen K. Randall investigated the protest.
1. Allegations Concerning Address Labels
Mr. Kulak requested and received from the local union sheets bearing local union members’ names and addresses which were cut-and-paste mailing labels. The protester admits that he did not realize the materials provided by the local union were mailing labels and therefore he did not use them for a literature mailing. These labels were provided to all candidates at no cost, upon request. The labels used by the opposing slate were not provided by the local union.
Article VIII, Section 2 of the Rules provides, in pertinent part:
The Union shall not, in any way, discriminate in favor of or against any candidate with respect to access or use of the membership list.
Article VIII, Section 7 governs the publication and distribution of candidate literature. There is no evidence here, however, that the protester requested that the local union mail his literature. His only dispute appears to be on the difference in mailing labels provided. There is no evidence that the local union discriminated against the protester by giving him different labels than those used by opposing candidates, since the pre-pasted labels were not obtained through the local union.
2. Allegations Concerning Campaign Literature
Mr. Kulak also protests the campaign literature sent by Mr. Milne and Mr. Martell to the local union members. The literature entitled “The Autonomy Agreement between the IBT and Teamsters Canada,” is sent on behalf of three members of the Carey slate in Canada: Louis Lacroix, Charles Thibault and Dave Kozak. It details the autonomy of Canadian members and the importance of maintaining it. On the back of the pamphlet, it states: “For the International Convention Delegates Election, you must elect candidates who will support the agreement!”
The Election Officer has consistently held that the Rules “neither prohibit nor regulate the content of campaign literature.” Rogers, P-518-LU373-SOU (February 21, 1991). Rather, as the Election Officer recently stated, “[t]he goal to be protected is free speech.” Newhouse
P-388-LU435-RMT (February 21, 1996). See Landwehr, P-201-LU795-MOI (November 15, 1995). In Braxton, P-304-LU623-PHL (May 21, 1991), the Election Officer explained:
The fact that campaign statements . . . were allegedly false or even defamatory does not remove [them] from the protection of the Rules. The model for free and fair Union elections is that of partisan political elections . . . The cardinal principle is that the best remedy for untrue speech is more free speech, with the electorate being the final arbiter.
Ross Kulak
March 13, 1996
Page 1
The leaflet at issue in the instant protest is clearly identified as campaign material for the Carey slate. Therefore, the Election Officer finds that the leaflet is protected by 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
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, DC 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
Gwen K. Randall, Regional Coordinator