January 8, 1997
VIA UPS OVERNIGHT
James T. Thomason
5304 Senator Lane
Louisville, KY 40219
Rebecca Clemerson
9105 Fairridge Drive
Louisville, KY 40229
Re: Election Office Case No. P-1341-LU783-SCE
Gentlepersons:
James T. Thomason, a member of Local Union 783, 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 Rebecca Clemerson, a member of Local Union 783. The protester claimed that Ms. Clemerson, while on union-paid time as a local union trustee, wore clothing and paraphernalia supporting Ron Carey, a candidate for general president. The protester claims these actions are in violation of Article VIII, Section 11 of the Rules.
This protest was investigated by Adjunct Regional Coordinator Joe F. Childers.
The Rules, at Article VIII, Sections 11(a) and (b), provide that all union members, including union members who are union officers, have the right to participate in campaign activities, including the right “to openly support or oppose any candidate [and] to aid or campaign for any candidate.”
James Thomason
January 8, 1997
Page 1
The Election Officer issued the Advisory on Wearing of Campaign Buttons and Other Emblems (“Advisory ”) on September 20, 1995. The Advisory states that the Rules protect the right of IBT members, including union officers and employees, “to wear campaign emblems on buttons, T-shirts or hats while working.” The Advisory specifically states that with the exception of wearing campaign paraphernalia before unrelated third parties, “Union officers, business agents and employees may wear campaign emblems during working hours and while engaged in their regular Union business.”
The protester’s complaint relates to Ms. Clemerson wearing emblems and clothing supporting Mr. Carey while examining the local union’s books at the local union office in her capacity as the local union trustee. This action is specifically protected under the Advisory and is not in violation of the Rules.
Accordingly, 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
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
Joe F. Childers, Adjunct Regional Coordinator