October 16, 1996
VIA UPS OVERNIGHT
Steve Vairma
October 16, 1996
Page 1
Steve Vairma
2275 S. Coors Court
Lakewood, CO 80228
George Kieffer
3440 Youngfield Street #101
Wheatridge, CO 80033
Robert Newhouse
3440 Youngfield Street #101
Wheatridge, CO 80033
Steve Vairma
October 16, 1996
Page 1
Re: Election Office Case No. P-980-LU435-RMT
Gentlemen:
Steve Vairma, president of Local Union 435, 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 local union members George Kieffer and Robert Newhouse, and the “Teamsters for Justice” slate.[1] The protester alleges that the charged parties and other members of their slate “are intentionally removing . . . and/or moving” notices required by the Election Officer to be posted on union bulletin boards in a “deliberate attempt” to attribute violations of the Rules to Mr. Vairma and Roman Garcia.[2] Specifically, Mr. Vairma states that a notice which he personally placed in the center of the bulletin board at the King Soopers transportation office has been moved to the lower right-hand corner of the board.
The charged parties state that the protester’s allegations are completely untrue.
Steve Vairma
October 16, 1996
Page 1
The King Soopers bulletin board, along with the union bulletin board at the Safeway warehouse facility in the Denver area, have been the subject of a number of protests filed with the Election Officer. Kieffer, P-745-LU435-RMT and P-746-LU435-RMT (May 9, 1996); Kieffer, P-854-LU435-RMT and P-855-LU435-RMT (August 14, 1996), aff’d, 96 - Elec.
App. -227 (KC) (August 22, 1996). On September 9, 1996, Mr. Kieffer advised the Election Officer that Local Union 435 failed to comply with the Election Officer’s directive in P-854-LU435-RMT and P-855-LU435-RMT, supra, because the notices required are not posted.[3] Because the instant protest involves the King Soopers bulletin board, the Election Officer will address the matter of non-compliance in this decision.
Adjunct Regional Coordinator Zeik Saidman investigated the instant protest and the allegations of non-compliance.
Mr. Vairma states that on August 27, 1996, he posted the notice required by the Election Officer in P-854-LU435-RMT and P-855-LU435-RMT in the center of the union bulletin board at the King Soopers transportation center. On September 12, 1996, Mr. Vairma learned from the Adjunct Regional Coordinator that the notice had been moved to the bottom right-hand corner of the bulletin board. Mr. Vairma attributes the change in the position of the notice to Mr. Kieffer and Mr. Newhouse. He claims that these gentlemen “and other members of the Teamsters for Justice” slate are removing and/or moving the notice from union bulletin boards “in a deliberate attempt to create election rules violations on Steve Vairma/Roman Garcia.”
Article XIV, Section 1 of the Rules places the burden on the complainants “to present evidence that a violation has occurred.” Further, the Election Appeals Master has stated that the protester bears the initial burden of proof to offer evidence substantiating his allegations. In Re: Chentnik, 95 - Elec. App. - 52 (KC) (January 10, 1996).
In the instant protest, Mr. Vairma has presented no evidence to support his claim that
Mr. Kieffer, Mr. Newhouse, and other members of the Teamsters for Justice slate are moving or removing the required notices from union bulletin boards. Likewise, the investigation conducted by the Election Officer has revealed no such evidence. The witness whose name was supplied to the Election Officer by Mr. Vairma confirmed that the protester posted the Election Officer’s notice in the center of the bulletin board at the King Soopers transportation center. However, this witness did not see who moved the notice to the bottom right-hand corner of the board.
Steve Vairma
October 16, 1996
Page 1
The Adjunct Regional Coordinator visited the King Soopers transportation center and the Safeway warehouse facility on September 11 and September 12, 1996, respectively. At the first location, the union bulletin board was unlocked and, as Mr. Vairma alleges, the Election Officer’s notice was posted in the bottom right-hand corner. Two stickers pasted on the glass enclosure partially obscured the notice. The steward on duty at the time of the visit told the Adjunct Regional Coordinator that it has been difficult to monitor the unlocked bulletin board as members continually move items on the board or place new material on it.
At the Safeway facility, the bulletin board was locked, although the Election Officer’s notice was clearly and prominently displayed. The bulletin board contained no campaign literature for the International election. After discussions between the Adjunct Regional Coordinator and Safeway representatives, the bulletin board is now unlocked and will remain so through the duration of the campaign.
In P-854-LU435-RMT and P-855-LU435-RMT, supra, the Election Officer found that Hoffa campaign literature had been posted on the locked, glass-enclosed bulletin boards at the King Soopers transportation center and the Safeway warehouse facility. To address this problem, the Election Officer fashioned the broad remedy of keeping these bulletin boards unlocked until the election of International officers is complete in order to allow the non-discriminatory access required by the Rules. A notice to this effect was also ordered to be posted. There is no evidence that Mr. Vairma failed to post or removed the notice as alleged in Mr. Newhouse’s letter of September 9. Nor is there any evidence, as alleged by the protester, that the charged parties are removing notices.
For the foregoing reasons, the instant protest is DENIED and no further compliance will be ordered.
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
Steve Vairma
October 16, 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
Zeik Saidman, Adjunct Regional Coordinator
[1]Mr. Kieffer and Mr. Newhouse were candidates for delegate to the IBT Convention on the Teamsters for Justice slate.
[2]Mr. Garcia is the former secretary-treasurer of Local Union 435. He and Mr. Vairma were candidates for delegate on the Teamsters United slate.
[3]The Election Officer directed Mr. Garcia to post a notice on all union bulletin boards at the Safeway warehouse, King Soopers transportation office and the local union stating: “As a result of the repeated violations [of the Rules], the Election Officer has ordered that the bulletin boards at Safeway’s warehouse facility and King Soopers transportation office be left unlocked so that members may post campaign materials concerning the 1996 International officer election.” The order specified that the bulletin boards remain unlocked “for the duration of the campaign period.”