CONFIDENTIAL -- EOHQ WORK PRODUCT
December 2, 1998
VIA UPS OVERNIGHT
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CONFIDENTIAL -- EOHQ WORK PRODUCT
Luis A. Ortiz
3924 West Muriel Drive
Phoenix, Arizona 85308
Jim Edgmon
1512 West Garden Street
Mesa, Arizona 85201
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CONFIDENTIAL -- EOHQ WORK PRODUCT
Re: Election Office Case No. PR-421-LU104-EOH
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by Luis Ortiz and Jim Edgmon, members of Local Union 104, against Kimberly Funk, another member of Local Union 104. The protesters assert that Funk “violated our freedom of speech and our right to encourage members to vote, regardless of their candidate of choice.”
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CONFIDENTIAL -- EOHQ WORK PRODUCT
The protest was investigated by Election Office Staff Attorney Peter Gimbrere.
The protesters allege that on November 17, they were at the offices of Southwest Administrators picking up pension brochures and talking to office staff there about the International Officer Rerun Election. The office staff at Southwest Administrators are members of Local Union 104 and were reminding them to vote. At that time, another Local Union 104 member who also works in the office, Kimberly Funk, told them, “If you guys don’t shut up and leave, and quit talking campaign and election talk, I am going to file charges on you.” The protesters allege that they felt intimidated by this remark.
The Rules at Article VIII, Section 11(a) and (b) provide that all IBT members 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.” Article VIII, Section 11(f) prohibits retaliation or threats of retaliation by a member against another member for exercising any right guaranteed by the Rules. In this case, while the protesters may have found Funk’s statement or her tone of voice rude or inappropriate, they do not constitute intimidating conduct that threatens
actual or potential harm in violation of the Rules.
Accordingly, the protest is DENIED.
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CONFIDENTIAL -- EOHQ WORK PRODUCT
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, 444 N. Capitol Street NW, Suite 445, Washington, D.C. 20001, facsimile (202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Michael G. Cherkasky
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CONFIDENTIAL -- EOHQ WORK PRODUCT
Election Officer
cc: Kenneth Conboy, Election Appeals Master
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