September 24, 1996
VIA UPS OVERNIGHT
Matthew O’Connor
September 24, 1996
Page 1
Matthew O’Connor
225 Meadow Ridge
Smithville, NJ 08201
Joseph Yeoman, President
Teamsters Local Union 331
5 E. Washington Avenue
Pleasantville, NJ 08232
Ron Carey Campaign
c/o Nathaniel Charny
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
Matthew O’Connor
September 24, 1996
Page 1
Re: Election Office Case No. P-986-LU331-PNJ
Gentlemen:
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 Matthew O’Connor, a member of Local Union 331. Mr. O’Connor alleges that, at a local union meeting held on September 15, 1996, members of Local Union 331 voted to endorse the candidacies of
Ron Carey for president and John Morris for vice president, in violation of the Rules.
Regional Coordinator Peter V. Marks, Sr. investigated the protest.
Joseph Yeoman, president of Local Union 331, admits that a motion to endorse Messrs. Carey and Morris was voted on and approved at the September 15, 1996 membership
Matthew O’Connor
September 24, 1996
Page 1
meeting. Mr. Yeoman states that, at the time of the meeting, he was not aware that the Rules prohibited local unions from endorsing candidates for International office.[1]
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 investigation revealed that, after discussing this protest with the Election Officer’s Regional Coordinator, Mr. Yeoman directed a notice to be posted at bulletin boards in the local union’s facility. The notice, dated September 16, 1996, reads:
During our membership meeting, held on Sunday, September 15, 1996, one of our members made a motion that the local supports specific candidates.
Please be advised that the Local Union can not [sic] endorse any candidate, that choice is solely up to each and every member to endorse candidates of their own choosing.
The notice was printed on local union stationery and addressed to “All members of Teamsters Local Union 331” from the “Teamsters Local Union 331 Executive Board.”
Mr. Yeoman also states that an announcement will be made at the next membership meeting reiterating the contents of the posting.
As a result, the Election Officer orders the following:
1) Local Union 331 will cease and desist from all endorsements or counter-endorsements of candidates for the International officer elections.
Matthew O’Connor
September 24, 1996
Page 1
2) The notice posted by the local union’s executive board will remain posted until after the local union’s next regularly scheduled general membership meeting following the issuance of this decision.
3) Mr. Yeoman will comply with his stated intention of verbally reiterating the contents of the posted notice at the local union’s next regularly scheduled general membership meeting following the issuance of this decision.
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).
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
Peter V. Marks, Sr., Regional Coordinator
[1]Article VIII, Section 11(b) of the Rules states, in relevant part:
An endorsement of a candidate may be made by a Union officer or employee, but solely in his/her individual capacity. The Union or a Local Union as such or the General Executive Board or an Executive Board of a Local Union as such may not endorse or otherwise advance a candidacy, even if all members agree on the endorsement or candidacy.