December 3, 1996
VIA UPS OVERNIGHT
Matthew O’Connor
225 Meadow Ridge
Smithville, NJ 08201
Joseph Yeoman, President
Teamsters Local Union 331
5 E. Washington Avenue
Pleasantville, NJ 08232
Re: Election Office Case No. P-1314-LU331-PNJ
Gentlemen:
Matthew O’Connor, a member of Local Union 331, 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 officers of Local Union 331 endorsed the Carey campaign by distributing a campaign flyer which states, “I want to tell you why your Local Union officials are supporting Ron Carey.”
Regional Coordinator Peter V. Marks, Sr. investigated this protest.
The investigation revealed that the flyer was distributed to local union members during the last week of November 1996. The allegedly offending language is an indication that individual officers of Local Union 331 endorse the Ron Carey slate for election.
Article VIII, Section 11(b) of the Rules broadly protects the right of union officers to participate in campaign activities, “including the right to run for office, to openly support or oppose any candidate, to aid or campaign for any candidate . . .” It is not a violation of the Rules for a candidate to refer to his/her title, whether it be local union officer or International officer, while campaigning.
Matthew O’Connor
December 3, 1996
Page 1
While the Rules state that endorsements of candidates by IBT or local unions are prohibited union contributions, Article VIII, Section 11(b) specifically states, “[a]n endorsement of a candidate may be made by a Union officer or employee, but solely in
his/her individual capacity.” As the Election Officer explained on page four of the Advisory on Campaign Contributions and Disclosure:
Individual members of a local union’s executive board, a retiree’s executive board or a local union, in their capacity as members of the IBT, may endorse candidates for International office, a particular candidate or slate of candidates. For example, in Moriarty, P-1071-LU677-ENG (November 15, 1991), a letter sent to local union members which stated that “the members of Teamsters Local No. 24 Executive Board have unanimously endorsed the R.V. Durham Unity Team.” The letter was signed by the executive board and noted their titles. The Election Officer found no violation because this was an endorsement by individual members of the board . . .
The flyer distributed by Mr. Yeoman does not indicate or imply a union endorsement. The flyer states, “I want to tell you why your Local Union officials are supporting Ron Carey for General President of the International Brotherhood of Teamsters” and contains
Mr. Yeoman’s name. It does not identify him as a union official. No other local union officials are identified in the flyer, either by name or by title.
The evidence taken as a whole does not support the protester’s contention that the campaigner “is speaking for local union officials and not as an individual.”
For the foregoing reasons, the protest is 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
Matthew O’Connor
December 3, 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
Peter V. Marks, Sr., Regional Coordinator