May 22, 1996
VIA UPS OVERNIGHT
C. Sam Theodus
May 22, 1996
Page 1
C. Sam Theodus, President
Teamsters Local Union 407
3150 Chester Avenue
Cleveland, OH 44114
Ron Carey, General President
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
Carroll E. Haynes, President
Teamsters Local Union 237
216 W. 14th Street
New York, NY 10011
C. Sam Theodus
May 22, 1996
Page 1
Re: Election Office Case No. P-753-IBT-SCE
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 C. Sam Theodus. Mr. Theodus alleges that John Metz, international director of the IBT’s Public Employees Division, used union resources to compile an invitee list for a campaign event held concurrently with a public employee seminar in St. Petersburg, Florida. Mr. Theodus also charges that General President Ron Carey and Carroll Haynes, president of Local Union 237 and a Carey slate member, participated in the campaign event, in violation of the Rules.
C. Sam Theodus
May 22, 1996
Page 1
The IBT responds that Messrs. Carey, Metz, and Haynes attended a public employee seminar in Florida that was held May 6 through 9, 1996. The IBT states that this conference was an annual convention similar to other trade division conferences held by the IBT and, as such, a legitimate union activity. According to the IBT, the Carey campaign held a breakfast fundraiser in St. Petersburg on May 7, 1996 for which the IBT expended no funds for organization, preparation, or distribution of invitations. The IBT contends that Mr. Metz knew who would be in attendance at the meeting, and thus to whom to send invitations, because, in his three-year tenure as public employees division director, he has acquired extensive knowledge of likely conference attendees. Mr. Metz confirms this assertion and states that he did not use any list compiled by IBT employees or with IBT resources. According to Mr. Metz, he compiled the invitee list from memory and from information he gathered personally at past conferences.
Regional Coordinator Bruce Boyens investigated the protest.
The Rules, at Article VIII, Section 11(c), strictly prohibit the use of union resources in campaigning. The Rules otherwise permit campaigning by any member of the IBT if there is no utilization of union resources and the member is not campaigning during his or her work hours.
When a protester has provided evidence that campaigning has occurred, the Election Officer then seeks information on the use of union funds for relevant expenditures.
Mr. Theodus asserts that Mr. Metz used official union information to compile the invitee mailing list. The Election Officer has determined, however, that, when union officials acquire information such as member addresses and telephone numbers in the course of their duties, the later use of this information to campaign does not violate the Rules. See Chentnik, P-223-LU325-CHI, et seq. (December 18, 1995), aff’d 95 - Elec. App. - 52 (January 8, 1996). In Chentnik, the Election Officer ruled that lists compiled and personally maintained by stewards in the regular course of their duties in administering collective bargaining agreement could be used to campaign so long as they are not official union lists.
In the present case, Mr. Metz did not use official lists to compile his invitee mailing list. The Election Officer credits Mr. Metz’s statement based on his long experience with the public employees division of the IBT and knowledge of which local unions employ large numbers of public employees. According to Mr. Metz, if he did not know the names of officers from these locals, he would consult the IBT roster. Such information, gained in the course of Mr. Metz’s duties and not gathered specifically for use in Mr. Carey’s campaign, may be used for campaign purposes. The Election Officer credits Mr. Metz’s statement. In the absence of any evidence to the contrary, Mr. Metz’s assertions are reasonable and do not indicate a violation of the Rules.
The protester also contends that the use of union funds by Messrs. Carey, Metz, and Haynes to attend the campaign event is a violation of the Rules. The parties do not dispute the fact that union entities paid for the transportation and lodging of these individuals. However, as stated above, Messrs. Carey, Metz, and Haynes were in Florida at that time on official union business. Mr. Carey, in his role as general president, Mr. Metz, as the director of the Public Employees Division, and Mr. Haynes, as the principal officer of a union with a large number of public employees as members, all had legitimate reasons to attend the public employee conference. The campaign breakfast event was held on the second day of the conference prior to the commencement of conference activities.
C. Sam Theodus
May 22, 1996
Page 1
The Election Officer has previously held that candidates may campaign while attending union conferences. Such campaigning, if it does not interfere with the candidate’s attendance at or participation in the conference is deemed incidental to union business and, thus, permissible under Article VIII, Section 11(a) of the Rules.[1] See Wise, P-317-LU728-CHI (February 21, 1996). The use of union funds for the attendance of relevant union officials at a legitimate union function does not violate the Rules simply because those officers attended a campaign event scheduled to coincide with the conference.
As a result, 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, 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
Bruce Boyens, Regional Coordinator
[1]Article VIII, Section 11(a) of the Rules states, in relevant part:
No candidate or member may campaign during his/her working hours. Campaigning incidental to work is not, however, violative of this section. Further, campaigning during paid vacation, paid lunch hours or breaks, or similar paid time off is also not violative of this section.