November 26, 1996
VIA UPS OVERNIGHT
Leo Lester
592 Central Avenue, 1st Floor
Albany, NY 12206
Tom Baum
Teamsters Local Union 294
Labor Temple
890 Third Street
Albany, NY 12206
Re: Election Office Case No. P-1277-LU294-PGH
Gentlemen:
Leo Lester, a member of Local Union 294, 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 294 Business Agent Thomas Baum displayed pro-Carey campaign material on his union-leased automobile and his appointment book, in violation of the Rules.
Mr. Baum responds that personal use of a union-leased car is permitted and, therefore, displaying campaign material is not a violation of the Rules. Mr. Baum states that his appointment book is not union property and that he does have a Carey sticker on it.
Regional Coordinator William B. Kane investigated this protest.
Article VIII, Section 11(c) of the Rules states, in relevant part:
Leo Lester
November 26, 1996
Page 1
Union officers and employees provided with Union-owned or leased cars, if otherwise afforded the right to utilize those cars for personal activities, may use the cars for campaign activities, provided no costs, or expenses incurred as a consequence, of such use are paid out of Union funds or other prohibited sources.
The investigation revealed that Local Union 294 bylaws permit the personal use of a union-leased vehicle when a car is not required for union business. The bylaws state, in relevant part, that union “officers shall be permitted private use of such automobiles on a round-the-clock, continuous basis, including private use when the automobiles are not required on union business.” Therefore, the Election Officer finds that Mr. Baum did not violate the Rules when
he displayed a Carey campaign sign in his union-leased car. See Van Der Woude, P-1041-LU194-PNJ (October 28, 1996).
Mr. Lester also objects to Mr. Baum’s display of a pro-Carey sticker on his appointment book.
Mr. Baum admits that he carries the appointment book with him at all times. He has agreed that in the future he will remove all campaign material when meeting with unrelated third parties. The Election Officer finds that this aspect of the protest has been resolved.
Based upon the foregoing, the protest is DENIED as to the display of campaign materials in a union-leased car and RESOLVED as to the campaign sticker on Mr. Baum’s appointment book.
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
Leo Lester
November 26, 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
William B. Kane, Regional Coordinator