December 4, 1996
VIA UPS OVERNIGHT
Camille Bowman-Dittman & Clyde Kidd
December 4, 1996
Page 1
Camille Bowman-Dittman
2407 Carnegie Lane #6
Redando Beach, CA 90278
Phillip Feaster, President
Teamsters Local Union 639
3100 Ames Place, N.E.
Washington, DC 20018
Clyde W. Kidd
8503 Dangerfield Place
Clinton, MD 20735
Ron Carey Campaign
c/o Nathaniel K. Charny
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
Camille Bowman-Dittman & Clyde Kidd
December 4, 1996
Page 1
Re: Election Office Case Nos. P-1313-LU896-NYC
P-1318-LU639-NYC
Gentlepersons:
Two pre-election protests were filed pursuant to Article XIV, Section 2(b) of the Rules
for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”). In
P-1313-LU896-NYC, Local Union 896 member Camille Bowman-Dittman objects to having received a telephone call asking who she would vote for in the International officer election. In P-1318-LU639-NYC, Local Union 639 member Clyde W. Kidd objects to having received a similar call.
New York City Protest Coordinator Barbara C. Deinhardt investigated these protests.
Ms. Bowman-Dittman states that on November 23, 1996, she received a telephone call from someone stating that he was with the Carey campaign, who asked if she had received
her ballot and who she would vote for. She states that she replied, “It is none of your business,” to which he said, “OK, we hope you plan to vote and thank you for your time.” Ms. Bowman-Dittman objects that the “point of having a secret ballot is to vote without being harassed and to do so privately.”
Camille Bowman-Dittman & Clyde Kidd
December 4, 1996
Page 1
Mr. Kidd alleges that he and other members have received anonymous telephone calls from persons purporting to be “from Local Union 639” and asking who they will vote for. Mr. Kidd states that the callers are not actually from the local union. He further states that the callers say they want to determine how many members are voting for Mr. Hoffa and how many for Mr. Carey.
The Election Officer recently stated in Chang, P-1312-LU396-CLA (December 3, 1996):
While the Rules prohibit intimidation or coercion for protected, election-related conduct, the Rules do not prohibit politically-oriented communications between union members, including inquiries as to how members voted. The Election Officer has previously held that campaign efforts by candidates designed to determine how members have voted by polling them by telephone does not violate the Rules.
The Election Officer affirmed in Chang that “members also retain the right to cast their vote in absolute anonymity.” Thus, members have an absolutely protected right not to answer questions about their political affiliations, including how they have or will vote. Thus, the questions asked of Ms. Bowman-Dittman and Mr. Kidd, which they were free not to answer, did not disturb the privacy of the ballot process and did not violate the Rules.
For the foregoing reasons, the protests are DENIED.
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
Camille Bowman-Dittman & Clyde Kidd
December 4, 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
Barbara C. Deinhardt, New York City Protest Coordinator