May 8, 1996
VIA UPS OVERNIGHT
Shannon McCarthy Primarolo
May 8, 1996
Page 1
Shannon McCarthy Primarolo
130 S. 4th Avenue
Ilion, NY 13357
Terence Majka, President
Teamsters Local Union 182
5 Rutger Park
Utica, NY 13501
John Amodio, Vice President
Teamsters Local Union 182
5 Rutger Park
Utica, NY 13501
Gene Barber, Trustee
Teamsters Local Union 182
5 Rutger Park
Utica, NY 13501
Shannon McCarthy Primarolo
May 8, 1996
Page 1
Re: Election Office Case No. P-754-LU182-PGH
Gentlepersons:
Shannon McCarthy Primarolo, a member of Local Union 182, filed a post-election protest pursuant to Article XIV, Section 3 of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”). The protester alleges that a short message sent to Local Union 182 members from the local union president and recording secretary, which was part of the May meeting schedule thanking those who participated in the delegate election, was campaigning, in violation of the Rules.
Local Union 182 President Terence Majika responds that the message was appropriate local union business and could not have been campaigning in violation of the Rules because the delegate election had concluded.
Regional Coordinator William B. Kane investigated the protest.
Article VIII, Section 8(a) of the Rules states that a union-financed publication or communication may not be “used to support or attack any candidate or the candidacy of any person.” In reviewing union-financed communications for improper campaign content, the Election Officer looks to the tone, content and timing of the publication. Martin, P-010-
Shannon McCarthy Primarolo
May 8, 1996
Page 1
IBT-PNJ, et al. (August 17, 1995) (decision on remand), aff’d, 95 - Elec. App. - 18 (KC) (October 2, 1995). In Martin, the Election Officer recognized that union officers and officials have a “right and responsibility to exercise the powers of their office and to advise and report to the membership on issues of general concern” (quoting Camarata v. International Bhd. of Teamsters, 478 F. Supp. 321, 330 (D.D.C. 1979), aff’d, 108 L.R.R.M. (BNA) 2924 (D.C. Cir. 1981)).
Ms. Primarolo was an unsuccessful candidate in the local union’s delegate election in which the ballots were counted on April 8. The message in question was included in a notice received by the protester on April 28, 1996. The message states:
The Executive Board, Agents and Candidates thank everyone for their partcipation in the recent delegate election.
The Election Officer finds that the message was not campaigning because it neither supported nor attacked any candidate. 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
William B. Kane, Regional Coordinator