August 13, 1996
VIA UPS OVERNIGHT
John Cetinske
August 13, 1996
Page 1
John R. Cetinske
117 Peak Hill Circle
Nashville, TN 37211
Ronnie Martin, President
Teamsters Local Union 480
1050 Cornelia Street
Nashville, TN 37217
Eddie Mimms
Teamsters Local Union 480
1050 Cornelia Street
Nashville, TN 37217
Jere Nash
Ron Carey Slate
35 E Street, N.W., Room 110
Washington, DC 20001
Tom Pazzi
Jim Hoffa No Dues Increase Slate
1959 E. Jefferson, Suite 4H
Detroit, MI 48207
C. Thomas Keegel
2433 Wight Bay
Brooklyn Park, MN 55443
Leroy Ellis, Jr.
Stand Up for Teamsters Slate
17065 Dixie Highway #36
Hazelcrest, IL 60429
Lawrence Brennan, President
Teamsters Joint Council 43
2801 Trumbull Avenue
Detroit, MI 48216
William T. Hogan, Jr.
219 Avondale
Palatine, IL 60067
John Cetinske
August 13, 1996
Page 1
Re: Election Office Case No. P-868-LU480-SCE
Gentlemen:
John Cetinske
August 13, 1996
Page 1
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 John Cetinske, a member of Local Union 480. Mr. Cetinske alleges that officers of Local Union 480 use union facilities to display pro-Carey material without offering such facilities for the display of material in support of other candidates, in violation of the Rules.
Local Union 480 President Ronald Martin admits that material supporting the candidacy of Mr. Carey has been displayed inside the local union’s offices and pro-Carey campaign brochures have been made available to members visiting the facility.
Regional Coordinator Bruce Boyens investigated the protest.
Article VIII, Section 11(c) of the Rules states, in relevant part:
Union funds, facilities, equipment, stationery, personnel, etc., may not be used to assist in campaigning unless the Union is reimbursed at fair market value for such assistance, and unless all candidates are provided equal access to such assistance and are notified in advance, in writing, of the availability of such assistance.
The Election Officer has interpreted this section of the Rules to indicate that the display of campaign related material in private offices on union premises is an impermissible use of union facilities in order to campaign and a violation of the Rules. See Yeakel, P-256-
LU773-PNJ, P-257-LU773-PNJ (January 4, 1996), aff’d, 96 - Elec. App. - 57 (January 23, 1996) (use of a wall in the local union’s secretary-treasurer’s office to post campaign-related photographs was a use of union resources prohibited by the Rules.); Yeakel, P-762-
LU773-PNJ (June 5, 1996) (display of hats bearing campaign insignia in local union officers’ offices violates the Rules).
The investigation revealed that pro-Carey campaign materials have been displayed in six offices of local union officers, including in the office of the president, vice president and one trustee, since mid-June 1996. These materials include pro-Carey buttons, bumper stickers, cards and model trucks.
The display of these materials constitutes a use of union facilities to promote
Mr. Carey’s candidacy. The displays, therefore, violate the Rules.
The investigation also revealed that pro-Carey materials such as brochures, pamphlets, cards, buttons and stickers were available in three of these offices. Visitors could take these materials which were placed in plain sight on tables in the offices of Mr. Martin, Local
Union 480 Vice President Jack Bradford and Business Agent Eddie Mimms. The presence of these items on distribution tables for other than purely display purposes must be analyzed under a different section of the Rules.
Article VIII, Section 5(a)(4) reads:
John Cetinske
August 13, 1996
Page 1
A Local Union shall not discriminate or permit discrimination in favor or against any candidate in conjunction with its meetings or otherwise. This requirement shall apply not only to formal presentations by or on behalf of candidates but also to informal campaign activities, such as . . . literature distribution tables, etc.
The Election Officer has previously determined that campaign material present for distribution in a local union officer’s office is discriminatory, in violation of the Rules, if the area reserved for such material is not made available to opposing candidates for their literature or other materials. See Halberg, P-089-LU174-PNW (September 7, 1995).
In the present case, the material available for distribution in the three local union offices constitutes a grant of discriminatory access to the Carey campaign, in violation of the Rules.
Accordingly, the protest is GRANTED.
When the Election Officer determines that the Rules have been violated, she “may take whatever remedial action is appropriate.” Article XIV, Section 4. In fashioning the appropriate remedy, the Election Officer views the nature and seriousness of the violation, as well as its potential for interfering with the election process.
The Election Officer orders the following:
(1) Local Union 480 shall cease and desist from further display of campaign-related material on local union premises, except as noted below;
(2) The Election Officer has determined that the officers of Local Union 480 have been distributing pro-Carey material from tables in their offices for a significant period of time. As a result of this unfair access, the Election Officer orders that the distribution tables in the offices of Messrs. Martin, Bradford and Mimms will be made available to supporters of all International officer candidates who request distribution of campaign materials on the tables. Materials will be supplied by the candidate(s) or their representative(s) to Mr. Martin so that visitors to these local union offices may take these materials as they choose. A copy of this decision will be served on the slate representatives and the individual candidates for International secretary-treasurer.
(3) Mr. Martin will sign and post the enclosed notice on all bulletin boards inside the Local Union 480 union hall.
An order of the Election Officer, unless otherwise stayed, takes immediate effect against a party found to be in violation of the Rules. In Re: Lopez, 96 - Elec. App. - 73 (KC) (February 13, 1996).
John Cetinske
August 13, 1996
Page 1
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
NOTICE TO ALL LOCAL UNION 480 MEMBERS
The Election Officer has determined that campaign material was on display and available for distribution in local union offices, in violation of the Election Rules governing the delegate and International officer elections.
A local union is not required to allow campaign literature on its premises, but, if it provides access to one candidate, it must provide access to all. The Election Officer has ordered that any candidate or slate for International office may provide materials to the local union for distribution. Such materials will be placed on the distribution table in my office and the distribution tables in the offices of Jack Bradford and Eddie Mimms. These tables will be available to all candidates through the end of the election process.
____________________________
Ronald E. Martin, President
Teamsters Local Union 480
This is an official notice which must remain posted for 30 consecutive days and must not be defaced or altered in any manner or be covered with any other material.
Approved by Barbara Zack Quindel, IBT Election Officer.