September 17, 1996
VIA UPS OVERNIGHT
Dane Passo
September 17, 1996
Page 1
Dane Passo
6811 W. Roosevelt Road
Berwyn, IL 60402
Nathaniel K. Charny
Ron Carey Slate
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
John Metz, Trustee
Teamsters Local Union 714
6815 W. Roosevelt Road
Berwyn, IL 60402
Dane Passo
September 17, 1996
Page 1
Re: Election Office Case No. P-920-LU714-CHI
Gentlemen:
Dane Passo, a member of Local Union 705, 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”) against John Metz, trustee of Local Union 714. The protester contends that Mr. Metz violated the Rules by displaying campaign material supporting Ron Carey during working hours in a vehicle leased by the local union and now used by Mr. Metz or other persons on his staff.
Mr. Metz responds that neither he nor his staff persons placed the campaign material in the automobile in question. Mr. Metz also states that the vehicle, which is leased by Local Union 714, had traditionally been used by former principal officer William Hogan, Jr. for personal activities and that the display of campaign material in such a vehicle does not violate the Rules.
The protest was investigated by Regional Coordinator Julie E. Hamos.
Dane Passo
September 17, 1996
Page 1
It is undisputed that the automobile observed by Mr. Passo is leased by Local
Union 714 and was used by former principal officer William Hogan, Jr.[1] All vehicles leased by Local Union 714 have been under the control of Mr. Metz since the IBT’s trusteeship of Local Union 714 on August 8, 1996.
Mr. Passo states that on August 29, 1996, he observed the automobile in the parking lot in front of Local Union 705. According to the protester, Mr. Carey’s name and campaign logo were displayed on a cardboard sunscreen placed in the windshield of the vehicle.
Mr. Metz states that on August 29, 1996, the automobile in question was parked in the West Side Realty parking lot outside Local Union 705 by either Assistant Trustee
Nick Sanders or International Union Representative Jim Powell because Local Union 714’s parking garage was full. According to Mr. Metz, the vehicle contained no campaign material supporting Mr. Carey when it was parked and he does not know who placed the sunscreen inside the windshield. Mr. Metz states that the vehicle at issue is opened by a code rather than a key, and that the code has not been changed since Mr. Hogan used the car.
Article VIII, Section 11(a) of the Rules states that union members have the right “to participate in campaign activities, including the right . . . to support or oppose any candidate [and] to aid or campaign for any candidate.” However, this section prohibits union members from campaigning during their working hours. Furthermore, Section 11(c) states that “Union funds, facilities, equipment, stationery, personnel, etc. may not be used to assist in campaigning.” If a union official with a leased car is permitted to use that car for personal use, the Rules provide that the car may be used for campaign activity. In this case, however, the local union trustee took control of this union-leased vehicle and is storing it until it can be returned to the leasing company. Under such circumstances, there is no right to place campaign material in the vehicle.
Mr. Passo contends that the trustee or persons on his staff placed the campaign material in the vehicle. The evidence does not support this assertion.
In certain situations in which campaign material has been placed on union property without authorization, the Election Officer, while not finding a violation, has taken steps to correct the conduct. See Willett, P-863-LU331-PNJ (August 16, 1996).
In the instant protest, the conduct was isolated and the perpetrator is unknown. The Election Officer finds no violation of the Rules. Mr. Metz, however, should park the vehicle in a location which is not as accessible and have the entry code on the vehicle changed to prevent any recurrence of this conduct.
For the foregoing reasons, the protest is DENIED.
Dane Passo
September 17, 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, 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
Julie E. Hamos, Regional Coordinator
[1]In fact, the license plate of this vehicle reads “WTH 1.”