April 23, 1996
VIA UPS OVERNIGHT
Robert H. Newhouse
6486 S. Saulsbury Street
Littleton, CO 80123
Teamsters United Slate
Teamsters Local Union 435
2941 W. 19th Avenue
Denver, CO 80204
Re: Election Office Case No. P-738-LU435-RMT
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election ("Rules") by Robert H. Newhouse, a member of Local Union 435 and candidate for delegate on the Teamsters for Justice slate in the delegate re-run election ordered by the Election Officer in Kieffer, P-360-LU435-RMT, et al. (March 19, 1996). Mr. Newhouse alleges that campaign literature from the Teamsters United slate, headed by Local Union 435 Secretary-Treasurer Roman R. Garcia, contains statements that are false and misleading.
This protest was assigned for investigation to Associate Regional Coordinator
Zeik Saidman.
The flyer from the Teamsters United slate is titled "Attention Local 435 Members, Government and Ron Carey Overturn Local 435 Election, Why?? . . . To Raise Your Dues!" The text of the flyer contends that "The Washington Bureaucrats who oversee the Teamsters election have conspired with incumbent President Ron Carey to throw out the results from Local 435's democratic election" and that "he got the government to overturn our election" in order to promote a plan to raise dues. The flyer continues, citing what the Teamsters United slate will do if elected.
Robert H. Newhouse
April 23, 1996
Page 1
In supervising the fairness and independence of the International union delegate and officer election, the Election has consistently interpreted the Rules to protect the right of members to engage in open debate and disagreement. "The goal to be protected is free speech." Kieffer, P-390-LU435-RMT (February 27, 1996); Newhouse, P-388-LU435-RMT (February 21, 1996). Therefore, the Election Officer has often stated that "[t]he Rules neither prohibit nor regulate the content of campaign literature." Newhouse; Rogers, P-518-LU373-SOU
(February 21, 1991). See also Hughes, P-499-LU710-CHI (February 21, 1991); Hammontree,
P-530-LU667-SOU (February 25, 1991).
The fact that campaign statements . . . were allegedly false or even defamatory does not remove such literature from the protection of the Rules. The model for free and fair Union elections is that of partisan political elections. In those elections, contestants are generally allowed to make whatever assertions, allegations, statements of opinion or even of alleged facts without legal sanctions for their truth or falseness. The cardinal principle is that the best remedy for untrue speech is more free speech, with the electorate being the final arbiter.
Braxton, Case No. P-304-LU623-PHL (May 21, 1991). See Landwehr, P-LU795-MOI (November 15, 1995).
In this matter, the Teamsters United flyer is campaign literature. Accordingly, the Election Officer finds that its contents are protected free speech.
For the reasons stated above, 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
Robert H. Newhouse
April 23, 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, 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
Zeik Saidman, Associate Regional Coordinator