May 7, 1996
VIA UPS OVERNIGHT
Johnny Coburn, President
Teamsters Local Union 492
4269 Balloon Park Road, N.E.
Albuquerque, NM 87109
Ron Carey Slate
c/o Robert McDonald
11216 Morocco, N.E.
Albuquerque, NM 87111
Re: Election Office Case No. P-748-LU492-RMT
Gentlemen:
Johnny Coburn, president of Local Union 492, 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 Robert McDonald, a candidate for delegate on the Ron Carey slate from Local Union 492, mailed campaign literature to the Local Union 492 membership using mailing labels that were not obtained pursuant to the Rules.
Mr. McDonald responds that the labels were obtained from the Ron Carey campaign headquarters in Washington, D.C.
Local Union 492 held its delegate election on April 30, 1996. The Election Officer deferred her consideration of this protest until post-election, pursuant to Article XIV,
Section 2(f)(2) of the Rules.
Regional Coordinator Jonathan Wilderman investigated the protest.
Johnny Coburn
May 7, 1996
Page 1
During the week of April 8, 1996, the Ron Carey slate mailed campaign literature on behalf of the slate to the Local Union 492 membership. The slate mailed the literature in envelopes using Mr. McDonald’s name and address as the return address.
The protester determined that the Ron Carey slate did not request any assistance from Local Union 492 for its mailing. He contends therefore, that the slate must have obtained the mailing list in violation of the Rules.
The investigation disclosed that the mailing labels were obtained by the slate from the Carey campaign in Washington, D.C. The Carey campaign sent mailing labels with the addresses of Local Union 492 members directly to the Nuwave Mail House in Albuquerque, New Mexico. Mr. McDonald designed a campaign leaflet for the Carey slate which was printed by J.C. Printing in Albuquerque. The Nuwave Mail House stuffed the envelopes, added postage and mailed the literature to the local union membership. Mr. McDonald paid for the printing of the leaflets and the cost of the mailing, including postage. Mr. McDonald supplied copies of receipts to the Regional Coordinator to confirm these payments.
Article VIII, Section 3 of the Rules allows candidates for International office to use membership lists for “advancing the candidate’s campaign for nomination and/or election . . .” Such use of membership information constitutes action to advance a candidate’s campaign for nomination and does not violate the Rules. The Election Officer has previously stated that delegate candidates may receive relevant membership information from accredited candidates for International office. See Cipriani, et al., P-420-LU391-SEC, et seq. (March 1, 1996), aff’d, 95 - Elec. App. - 123 (KC) (March 13, 1996).
Accordingly, this 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
Johnny Coburn
May 7, 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
Jonathan Wilderman, Regional Coordinator