July 8, 1996
VIA UPS OVERNIGHT
Raul Rodriguez
July 8, 1996
Page 1
Raul Rodriguez, Jr.
13882 Stagecoach Drive
Victorville, CA 92392
Jerome Vercruse, Secretary-Treasurer
Teamsters Local Union 630
750 S. Stanford Avenue
Los Angeles, CA 90021
Robert Rios
Teamsters Local Union 630
750 S. Stanford Avenue
Los Angeles, CA 90021
Raul Rodriguez
July 8, 1996
Page 1
Re: Election Office Case No. P-829-LU630-CLA
Gentlemen:
Raul Rodriguez, Jr., a member of Local Union 630, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”) alleging that Local Union 630 Business Agent Robert Rios violated the Rules by displaying a Hoffa campaign bumper sticker in the rear window of his car while on local union business. Mr. Rodriguez saw the sticker in the window of Mr. Rios’ car on June 27, 1996, in front of the local union hall and again in front of an entrance to a Certified Grocers of California facility. Mr. Rodriguez also lodges his protest against Local Union 630, which pays Mr. Rios a car allowance for using his car for local union business.
This protest was investigated by Regional Coordinator Dolly M. Gee.
In Blake, P-712-LU630-CLA (April 29, 1996), the Election Officer found that Mr. Rios had not engaged in improper campaigning under the Rules by affixing a Hoffa bumper sticker to a bumper of his car. In so deciding, the Election Officer noted that the car belonged to Mr. Rios, that he used it for local union business, and that he received reimbursement from the local union for mileage and maintenance. “The right to campaign will not be read to restrict the placing of a bumper sticker on a personal vehicle which is utilized to conduct union business.” The Election Appeals Master affirmed this decision, 96 - Elec. App. - 185 (KC) (May 10, 1996).
Raul Rodriguez
July 8, 1996
Page 1
This protest presents identical circumstances, except for the position of the bumper sticker. Nothing has been presented to cause a reconsideration of the decision in Blake.
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
Dolly M. Gee, Regional Coordinator