July 10, 1996
VIA UPS OVERNIGHT
Luis Magallon
July 10, 1996
Page 1
Luis Magallon
128 Wendy
Vallejo, CA 94589
Gilbert Morales
15325 Tropic Court #36
San Leandro, CA 94579
Ron Carey, General President
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
John Sullivan, Associate General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
Luis Magallon
July 10, 1996
Page 1
Re: Election Office Case No. P-832-LU70-CSF
Gentlemen:
Luis Magallon, a member of Local Union 70, 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”) against Gilbert Morales, another member of Local Union 70. The protester alleges that Mr. Morales violated the Rules by distributing, on company property, La Voz De Los Teamsters (“La Voz”), a Spanish-language publication of the IBT, that the protester alleges is campaign material. The protester states that he believes that the publication was “political” because (1) the IBT has never published a Spanish-language newspaper; (2) the newsletter has been introduced five months prior to the election of International officers; (3) IBT publications are normally distributed through Local Union 70; and (4) other Spanish-language materials published by the IBT are available for a purchase price.
The IBT responds that the distribution of the newsletter was legitimate because the Election Officer recently ruled in Hoffa, P-808-IBT-SCE (June 28, 1996) that publication of the same newsletter did not violate the Rules.
This protest was assigned to Adjunct Regional Coordinator Victoria Chin.
Luis Magallon
July 10, 1996
Page 1
La Voz is a new Spanish-language publication by the IBT aimed at Spanish-speaking Teamsters. Mr. Morales distributed approximately 50 copies of the recently-published first issue of La Voz to Spanish-speaking members at a Waste Management facility in Oakland, California on or about June 26, 1996. Mr. Morales distributed the newsletter prior to the beginning of the workday and in a non-work area.
Mr. Morales states that he distributed the newsletter himself because, in his experience, IBT publications have not always been distributed by the officers and staff of Local Union 70. On the morning in question, Mr. Morales approached employees and asked if they spoke Spanish and would be interested in a Teamster magazine. He gave a copy of La Voz to members who expressed an interest in the publication.
In Hoffa, supra, the protester charged that the same issue of La Voz was a union-financed publication which supported the candidacy of General President Ron Carey and attacked the candidacy of James P. Hoffa in violation of Article VIII, Section 8(a). The Election Officer reviewed the publication and concluded that the publication covered matters of legitimate interest to union members, and did not therefore violate the Rules. The Election Officer further determined, in Hoffa, supra, that the mere creation of a new union-financed publication, absent demonstration that the publication violates Article VIII, Section 8, is not a violation of the Rules.
In reviewing La Voz to determine if it violates the Rules, the Election Officer has taken into account that the publication is new and the timing of its introduction. These factors, even combined with the availability of the publication free-of-charge and its distribution by hand, do not demonstrate that the distribution of the publication, which consists entirely of material that is newsworthy to union members, violates the Rules. The Election Officer finds that the distribution of La Voz by Mr. Morales does not violate the Rules.
Therefore, 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
Luis Magallon
July 10, 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
Victoria Chin, Adjunct Regional Coordinator