June 2, 1998
VIA UPS OVERNIGHT
Ken Mee
June 2, 1998
Page 1
Ken Mee
42356 Greenbrier Park Drive
Fremont, CA 94538
Robert D. Younger, Secy. - Treas.
Teamsters Local Union 492
4269 Balloon Park Road, NE
Albuquerque, NM 87109
Robert Koslowski
Teamsters Local Union 492
4269 Balloon Park Road, NE
Albuquerque, NM 87109
Bradley T. Raymond, Esq.
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
Ken Mee
June 2, 1998
Page 1
Re: Election Office Case No. PR-083-LU492-PNW [CORRECTED]
Gentlemen:
Ken Mee, a candidate for International vice-president, 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 Robert Younger, secretary-treasurer of Local Union 492, Robert Kozlowski, a Local Union 492 business agent, and the Hoffa Slate. Mr. Mee alleged that Mr. Younger and Mr. Kozlowski engaged in campaigning and wore campaign paraphernalia in violation of the Rules.
This protest was investigated by Regional Coordinator Christine M. Mrak.
On Saturday, March 21, 1998, the drivers of the Hadley Auto shop met at the Local Union 492 hall to discuss work rule issues. Mr. Younger conducted the meeting. Mr. Kozlowski was at the union hall completing paper work, and Mr. Younger asked him to serve as the recording secretary for the meeting. Mr. Kozlowski agreed. Mr. Kozlowski wore a Hoffa sweatshirt during the meeting. He stated he had not planned to attend the meeting and only participated due to a last-minute request by Mr. Younger.
Ken Mee
June 2, 1998
Page 1
During the meeting, Mr. Younger was asked about the schedule of the rerun election. Mr. Younger postponed answering the question, saying he would discuss it later and resumed the discussion on work rules. After approximately two hours, Mr. Younger adjourned the meeting and told the members they could leave. He then began a discussion on the election. He announced his support for the Hoffa Slate and urged others to vote for the Hoffa Slate. The discussion on the election lasted less than five minutes.
According to the Rules, all union members, including union officers and employees, have the right to “openly support or oppose any candidate [and] to aid or campaign for any candidate.” Rules, Article VIII, Section 11(a) and (b). The right to openly support candidates includes the right to wear campaign emblems on shirts while union officers are working, except when they are meeting with or appearing before unrelated third parties such as employers. Advisory on Wearing of Campaign Buttons and Other Emblems (September 20, 1995) (“Advisory”). Therefore, Mr. Kozlowski had a right to wear a campaign sweatshirt in the union hall while meeting with union members. See Acosta, P-961-LU287-CSF (Decision on Remand) (October 29, 1996).
Local unions, however, may not discriminate in favor or against candidates in conjunction with their meetings or otherwise. Rules, Article VIII, Section 5(a)(4). Although Mr. Younger had adjourned the meeting, he could not use the union hall to campaign for Mr. Hoffa and his slate because it violates the non-discrimination provision in Article VIII, Section 5(a)(4) of the Rules, which apply to “meetings or otherwise”. Passo, P-921-LU705-CHI (September 25, 1996).
Local Union 492 has a right to permit campaigning. If it allows campaigning, it must provide all candidates the opportunity in accordance with Article VIII, Section 5(a)(4) of the Rules.
Accordingly, this protest is hereby GRANTED in part and DENIED in part.
When the Election Officer determines that the Rules have been violated, he “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 Election Officer orders the following remedy:
1. Robert Younger shall cease and desist from conducting any campaign activities at local union meeting or in the local union hall except in accordance with the Rules.
2. Local Union 492 shall cease and desist from discriminating or permitting discrimination in connection with any campaign activities either at local union meetings or in the local union hall.
Ken Mee
June 2, 1998
Page 1
3. Upon the conclusion of the supplemental nomination period, all candidates nominated for the office of general president, except James P. Hoffa, may submit a flyer with campaign material on one side of a 8.5 inch by 11 inch piece of paper to Local Union 492 for distribution. The flyer shall be submitted to the local union within ten (10) days of the conclusion of supplemental nominations. Local Union 492 shall duplicate and send the flyers by first class mail to the attendees of the March 21, 1998 meeting within five (5) days of their receipt. Within two (2) days after the flyers have been mailed, Local Union 492 shall submit an affidavit to the Election Officer affirming the mailing of the flyers.
4. Within three (3) days of this decision, Local Union 492 shall post the attached “Notice to All Local Union 492 Members” on the union bulletin board at Hadley Auto. The Notice shall remain posted for thirty (30) consecutive days.
Local Union 492 shall cease and desist from discriminating or permitting discrimination in favor of or against any candidate for International office.
An order of the Election Officer, unless otherwise stayed, takes immediate effect against a party found to be in violation of the Rules. In 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 (1) 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 a hearing must be served on the parties listed above as well as upon the Election Officer, 444 North Capitol Street, NW, Suite 445, Washington, DC 20001, Facsimile (202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Michael G. Cherkasky
Election Officer
MGC:chh
Enclosure
cc: Kenneth Conboy, Elections Appeals Master
Christine M. Mrak, Election Office Representative
NOTICE TO MEMBERS OF
LOCAL UNION 492
The Election Officer has found that Local Union 492 violated the Election Rules when Robert Younger campaigned for James P. Hoffa, a candidate for general president, in the union hall after a membership meeting. The Election Officer has ordered Mr. Younger and Local Union 492 to cease and desist from such conduct. Local Unions cannot discriminate or permit discrimination for or against any candidate.
Any member believing the Election Rules have been violated may file a protest with the Election Officer at 444 North Capitol Street, NW, Suite 445, Washington, DC 20001; telephone (800) 565-VOTE or (202) 624-3500, Facsimile (202) 624-3525.
______________________
Michael G. Cherkasky
Election Officer
This is an official notice which must remain posted for thirty (30) consecutive days and must not be defaced or altered in any manner or be covered with any other material.