September 12, 1996
VIA UPS OVERNIGHT
Brad Swannie
10823 85th Avenue
Delta, BC V4C 2V2
Garnet Zimmerman, President
Teamsters Local Union 31
#1 Grosvenor Square
Delta, BC V3M 5S1
Re: Election Office Case No. P-856-LU31-CAN
Gentlemen:
Brad Swannie, vice president of Local Union 31, 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”) alleging that Local Union 31 President Garnet Zimmerman improperly used Local Union 31 resources to print campaign literature on July 11, 1996, and that Mr. Zimmerman’s actions therefore constituted a prohibited campaign contribution under Article XII, Section 1(b)(3) of the Rules. The document in question was a position paper on the issue of Canadian sovereignty, intended for presentation at the Philadelphia Convention.
Mr. Zimmerman acknowledges that he had the position paper (the “Paper”) printed by union personnel in the offices of Local Union 31 on July 11, 1996.
The protest was investigated by Regional Coordinator Gwen K. Randall.
The Paper is a one-page document entitled “Resolution Regarding Canadian Teamsters.” It relates only to the proposed amendment to the IBT Constitution concerning Canadian sovereignty, which was to be considered at the IBT Convention. The Paper contains no editorial comment or reference to any International officer candidate or campaign. It was printed on paper that bears no letterhead or other distinctive feature. The investigation disclosed that copies of the Paper were taken to the Convention but were not distributed.
Brad Swannie
September 12, 1996
Page 1
Article XII, Section 1(b)(3) of the Rules generally provides: “No Union funds or other things of value shall be used, directly or indirectly, to promote the candidacy of any individual.”
The Election Officer finds that the Paper does not “promote the candidacy of any individual” and therefore does not constitute an improper campaign contribution. In Hoffa,
P-733-IBT-SCE (May 1, 1996), the Election Officer found that a union-financed communica-tion that supported the passage of the proposed Canadian sovereignty amendment did not constitute campaigning because the amendment was a subject of legitimate union business:
the communication in question is directly and facially connected to legitimate union business: the resolution on Canadian sovereignty which will [be] put to a vote at the International Convention in July 1996. It is proper and necessary for there to be debate on important policy issues in union-financed publications, so long as the discussion of such issues is not then linked to the election process or campaign of a particular candidate.
The protested paper also contains no link to the election process or to the campaign of a particular candidate. As legitimate union business, the printing of the Paper using local union resources did not violate the Rules. See Bodine, et seq., CONV-17-IBT (September 11, 1996) (consideration of Canadian sovereignty issue at Convention not subject to Election Officer’s jurisdiction).
For the foregoing reasons, 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.
Brad Swannie
September 12, 1996
Page 1
Sincerely,
Barbara Zack Quindel
Election Officer
cc: Kenneth Conboy, Election Appeals Master
Gwen K. Randall, Regional Coordinator