Article VII
CAMPAIGNING AND ACCESS
1. Collective Bargaining Agreements and Worksite Lists
(a) Each delegate candidate, each alternate delegate candidate and each nominated or accredited International Officer candidate has the right under this Section to inspect and make notes from all collective bargaining agreements (including all modifications, supplements, riders, stipulations and appendices) covering any member of the Union. This right includes the right to inspect and make notes from the documents identifying members of employer associations which are signatories to collective bargaining agreements covering any member of the Union. Requests to inspect or make notes from such agreements shall be made to the Local Union's Secretary-Treasurer or principal officer in writing and shall be honored within five (5) days. The right provided herein is independent of the right to inspect or receive a copy of a collective bargaining agreement under Section 104 of the Labor-Management Reporting & Disclosure Act of 1959, which is incorporated into these Rules by Article XII.
(b) Each delegate candidate, each alternate delegate candidate and each nominated or accredited International Officer candidate shall have the right to a current list of all sites, with corresponding addresses, where any and all Union members work. Requests for such worksite lists shall be made to the pertinent Local Union's Secretary-Treasurer or principal officer in writing and shall be honored within five (5) days. Such worksite lists shall be arranged by employer name.
(c) Under this Section, a nominated or accredited International Officer candidate may inspect and take notes from only those collective bargaining agreements and may only obtain worksite lists covering members of those Local Unions within the jurisdiction of the regional area in which he/she is a candidate.
(d) Such collective bargaining agreements and worksite lists are not to be inspected or used for the benefit of any employer or of any other labor organization or for any purpose other than campaigning for a delegate, alternate delegate or International Officer position.
(e) The right to inspect collective bargaining agreements and the right to obtain worksite lists are independent of each other. Each of these rights may be exercised whether or not the other right is exercised.
2. Inspection of Membership Lists
Each candidate has the right, once within thirty (30) days prior to the casting of ballots in any election in which he/she is a candidate, to inspect a list containing the last known names and addresses of all members of the Union who are to participate in such election. The right of inspection does not include the right to copy the list but does include the right to compare it with a personal list of members. However, if the Union permits any candidate to copy the list, all candidates must be notified of this and provided the same opportunity. The Union shall not, in any way, discriminate in favor of or against any candidate with respect to access or use of the membership list.
3. Access and Use of Membership List by International Officer Candidates
(a) The International Union shall prepare a membership list current as of August 31, 2015, and shall transfer that list to the Election Supervisor on or before September 10, 2015. The International Union shall prepare a membership list current as of August 3, 2016, and shall transfer that list to the Election Supervisor on or before August 10, 2016. The Election Supervisor is authorized to release a copy of the appropriate membership list to an accredited or nominated candidate for International office forty-five (45) days before the date for mailing of ballots for an election for Convention delegates and/or alternate delegates or for the election of International Officers. No membership list may be used for any purpose other than advancing the accredited or nominated candidate's campaign for nomination and/or election. Use of a membership list in support of the election of delegate and/or alternate delegate candidates shall not constitute misuse of the list, provided that the list is used solely to advance the accredited or nominated candidate's campaign for nomination and/or election. In order to obtain a copy of the membership list, the accredited or nominated candidate must submit to the Election Supervisor an affidavit in a form approved by the Election Supervisor attesting that he/she will not use or permit use of the membership list for any purpose other than advancing that candidate's campaign for nomination and/or election and that he/she will not provide the list to nor permit inspection or copying of the list by any third parties.
(b) An opinion polling entity working for any accredited or nominated International Officer candidate has the right to obtain from the International Union a random sampling of the names, addresses and telephone numbers of members of the Union or any portion or segment thereof for the purpose of conducting opinion polling. The opinion polling entity shall not reveal the list or any portion thereof to any candidate or candidate's campaign organization or any person not conducting the opinion poll. Such list shall not be disclosed or used for any purpose other than conducting the opinion poll.
The request for such list shall be made to the Election Supervisor, who shall obtain the list from the International Union. The Election Supervisor shall not reveal the name(s) of the candidates on whose behalf the list is requested. The International Union shall comply with any request of the Election Supervisor within five (5) days. No such list shall be released by the Election Supervisor prior to obtaining adequate assurance from the opinion polling entity that it will comply with all non-disclosure and non-use provisions of this section.
4. Certified Delegate List
Each accredited candidate for International office has the right to request and receive from the Election Supervisor a list of all certified delegates with corresponding addresses. The first such list of the delegates then certified shall be made available by the Election Supervisor on December 15, 2015, with an updated list made available each month thereafter on the second Friday of the month through June, 2016. The list shall be arranged by Local Union number.
5. Membership Meetings
(a) The following rules shall govern candidate access to membership meetings:
(1) No candidate may be denied access to any meeting of the Local Union to which he/she belongs as a member; however, the Local Union need not grant such candidate the opportunity to address the meeting for the purpose of campaigning unless a similar opportunity is granted to another candidate.
(2) Those candidates who are not members of the Local Union need not be granted access to any of the Local Union's meetings unless another nonmember candidate is granted such access. If any candidate, whether a member or not, is permitted to address the Local Union meeting for the purpose of campaigning, any nonmember candidate or a credentialed representative of such candidate must be granted equal access and must be permitted to hear the other candidate(s) speak. However, said candidate may be denied access to the meeting during all other times, except where another nonmember candidate is permitted to remain.
(3) The Local Union need not allot time for campaigning during any of its meetings. However, if campaigning during such meetings is permitted, the Local Union shall notify all candidates for the positions for which such campaigning will be permitted of the opportunity to speak at least five (5) days prior to the meeting and shall divide the time equally between those candidates (or candidates' credentialed representatives) who request an opportunity to speak. The order of appearance shall be determined by lot.
(4) A Local Union shall not discriminate or permit discrimination in favor of or against any candidate in conjunction with its meetings or otherwise. This requirement shall apply not only to formal presentations by or on behalf of candidates but also to informal campaign activities, such as, for example, comments on candidates during meetings, literature distribution at meetings, literature distribution tables, etc.
(b) Each candidate for International office has the right to request from the Local Union a list of the dates, times and places of its regularly scheduled general or special membership meeting(s), excepting meetings for limited purposes such as voting on contracts or strikes, handling of grievances, etc. Such request shall be made in writing to the Local Union's Secretary-Treasurer or principal officer and shall be honored within five (5) days.
(c) Beginning on June 2, 2015, the Election Supervisor shall prepare a list of tentative and, later, finalized dates, times and places of Local Union delegate and alternate delegate nomination meetings and elections for those Local Unions entitled and proposing to hold their delegate and alternate delegate elections in Summer 2015. Beginning on July 15, 2015, the Election Supervisor shall prepare a list of tentative and, later, finalized dates, times and places of Local Union delegate and alternate delegate nomination meetings and elections for those Local Unions entitled and proposing to hold their delegate and alternate delegate elections in Fall 2015. Beginning on October 15, 2015, the Election Supervisor shall prepare a list of tentative and, later, finalized dates, times and places of Local Union delegate and alternate delegate nomination meetings and elections for all other Local Unions. The Election Supervisor shall make these lists available to any member who so requests.
6. International Officer Candidate Forums
(a) The Election Supervisor shall have the authority to conduct International Officer candidate forums. The forums shall be conducted to promote the fair, honest, open, and informed participation of the IBT membership in the election of the IBT International Officers.
(b) The Election Supervisor shall conduct at least one candidate forum for all nominated candidates for the office of General President. The Election Supervisor may conduct other candidate forums for candidates nominated for any of the IBT International Officer positions.
(c) The forum for candidates nominated for the office of General President shall be held no earlier than August 15 and no later than September 23, 2016. The date, time, location, and format of the forum shall be determined by the Election Supervisor, after consultation with the nominated Candidates or their representatives. The Election Supervisor shall ensure that the forum is recorded.
(d) Only candidates nominated for the office of General President may participate in the required General President candidate forum; provided, however, that a candidate nominated for the office of General President who belongs to a slate that includes a candidate nominated for the office of General Secretary-Treasurer may designate the candidate nominated for the office of General Secretary-Treasurer to appear as the candidate's representative at the forum. The designation shall be made in writing and submitted to the Election Supervisor's office no later than the thirtieth day after the adjournment of the International Convention.
(e) The Election Supervisor shall broadly publicize notice of the forum to the IBT membership in advance of the forum, and shall effectively distribute information about the forum and the recording of the forum to the IBT membership. The manner of distribution shall be determined by the Election Supervisor, after consultation with the IBT and the nominated candidates or their representatives. In making this determination, the Election Supervisor shall consider how best to use available resources and technology to reach the broadest possible audience of the IBT electorate at a reasonable cost.
7. Candidate Literature and Mailings
(a) The following rules shall govern the publication and distribution of candidate literature:
(1) Each candidate shall be permitted a reasonable opportunity, equal to that of any other candidate, to have his/her literature distributed by the Union, at the candidate's expense. This means: (a) each candidate is entitled to a reasonable number of mailings, whether or not any other candidate makes such request(s); (b) when the Union authorizes distribution of campaign literature on behalf of any candidate, similar distribution under the same conditions and costs shall be made for any other candidate, if requested; and (c) the Union need not distribute any candidate's campaign literature if that candidate is not able and willing to pay for the reasonable costs of such distribution.
(2) The Union shall honor requests for distribution of literature to only a portion or segment of the membership, as determined by the candidate, unless the Union can show such distribution is impracticable.
(3) The Union shall honor requests for distribution of literature by any lawful class or type of mail or postage, including, to the extent permitted by postal regulations, utilization of any nonprofit organization bulk-rate permit of the International or Local Union or any other subordinate body of the Union utilized by the Local Union. All literature distributed through use of the nonprofit organization bulk-rate permit shall clearly state that it is campaign literature, the contents of which are not endorsed by the Union.
(4) The Union shall honor reasonable requests by candidates for distribution of literature through electronic mail. Requests for the distribution of literature by electronic mail shall be governed by the same rules applicable to the distribution of literature by mail under this Section. If any list or other compilation of electronic mail addresses maintained by the Union is under-inclusive (in that it does not include electronic mail addresses for every member of the Union), the Union shall advise the requesting candidate of the total number of electronic mail addresses on the list and let the candidate decide if he or she still wants to use the list. If the list or other compilation of electronic mail addresses maintained by the Union is or may be over-inclusive (in that it includes or may include addresses of non-members), the Union shall distribute the literature to every address on the list unless the Union can demonstrate that non-member addresses can be readily and accurately identified and segregated from member addresses. Campaign literature distributed through electronic mail shall clearly state that it is campaign literature, the contents of which are not endorsed by the Union. The manner of distribution of candidate literature by electronic mail shall be subject to such Advisory or further guidelines as may be established by the Election Supervisor for the purposes of facilitating distribution of literature by electronic mail, protecting the confidentiality of electronic mail addresses, and protecting the privacy of electronic mail recipients.
(b) Any request for distribution of literature shall be made by the candidate to the Secretary-Treasurer of the Union in writing. The request shall specify the portion of the membership that is to receive the mailing and an instruction as to the class or type of mail or postage desired. The request shall be accompanied by at least one (1) copy of the literature (if the candidate wishes it to be duplicated by the Union) or by a number of copies sufficient for distribution (if the candidate duplicates the literature him/herself), or by a number of sealed envelopes, containing the literature, sufficient for distribution (if the candidate duplicates the literature and stuffs the envelopes him/herself).
(c) Each candidate shall pay, on a reasonable basis, for the actual cost of distribution, including stationery, duplication, time required to do the work and postage for mailing,
(d) In complying with requests to mail literature, the Union shall use the current names and addresses that are on file for all relevant members in good standing. Mailing labels shall be prepared through the least expensive system available to the Union.
(e) The Union shall exercise all reasonable efforts to ensure that each candidate's campaign literature is processed and distributed in a complete and prompt manner.
(f) The Union may not censor, regulate, alter, or inspect the contents of any candidate's campaign literature. The Union may not refuse to process or distribute any candidate's literature on the basis of its contents.
(g) The Union shall adopt procedures for complying with candidates' requests for distribution of literature and shall specifically advise all candidates of those procedures. The Union shall arrange for a mailing service to process and distribute candidates' literature, and for such mailing service to receive the literature directly from the candidate. The mailing service shall not discriminate for or against any candidate.
(h) Subject to such Advisory or further guidelines as may be established and published by the Election Supervisor, each Local Union must establish a literature table and/or bulletin board in a public area of each Local Union facility which is open to members for the nondiscriminatory distribution/display of campaign literature for the 2016 IBT International Union Officer Election. The candidate or slate responsible for literature distributed or displayed under this subsection shall at all times be responsible for paying copying and distribution costs relating to the distribution or display.
8. Union-Financed Publications
(a) No publication or communication financed, sponsored or used, directly or indirectly, by a Union (including any social media site) may be used to support or attack any candidate or the candidacy of any person, except as authorized by Sections 8 and 9 of this Article. A Union-financed newspaper or other publication or communication shall not:
(1) contain pictures or articles stating or indicating support of the candidacy of a particular candidate;
(2) use a larger or more attractive picture of someone than had previously been used if that person is a candidate, unless there is a valid journalistic reason for it;
(3) print uncomplimentary pictures of any candidate;
(4) print features and accompanying photographs about insignificant or un-newsworthy events in which the accomplishments or qualities of any candidate are heralded;
(5) contain pictures or articles reporting on the activities of a particular candidate where the same or similar activities of other similarly situated candidates for the same office(s) have not been similarly reported; or
(6) carry a substantial number of articles and/or multiple pictures featuring a particular candidate, unless all candidates for the same position are given equal treatment, equal space, and equal prominence.
To the extent candidates are aligned, published materials shall be reviewed with respect to all such candidates as a whole.
(b) Pursuant to Article XIII of the Rules, any protest regarding the use of a Union-financed newspaper or other publication or communication shall be directed to the Election Supervisor, in writing, with a copy of the publication enclosed, within two (2) working days after the publication is received by the protesting party.
(c) In addition to the above provisions, the use and content of Union-financed publications and communications is specifically regulated by Sections 9 and 10 of this Article.
(d) On or before September 30, 2015, the International Union and each subordinate or affiliated body of the IBT shall submit to the Election Supervisor an original of each newsletter, newspaper, magazine and any other periodical published by the submitting body and made available to the general membership of that submitting body or any subdivision thereof, or to Union bodies subordinate to the submitting body, after January 1, 2015, and on or before September 30, 2015. Except as provided in Subsection (e), commencing on October 1, 2015, an original of each such periodical published on or after October 1, 2015, shall be submitted to the Election Supervisor by the publishing body upon its publication.
(e) In order to ensure compliance with Article VII, Sections 8(a) and 11 (b)-(c) and Article XI, Section 1 (b)(2), (3) and (6) of the Rules, every Union-financed publication to be mailed or otherwise distributed to the membership between August 2016 and November 2016 shall be submitted to the Election Supervisor by the publishing body for review and approval prior to publication. Review and approval of union publications is solely for the purpose of enforcing Article VII, Sections 8(a) and 11 (b)-(c) and Article Xl, Section 1 (b)(2), (3) and (6) of the Rules.
9. Subordinate Body Publications
No subordinate body need reserve any space in any of its newspapers or publications for the purpose of campaigning, except:
(a) If any candidate is permitted to have his/her campaign material published, all other candidates must be so advised in writing and provided the same opportunity on an equal basis; or
(b) If the subordinate body has, within the year prior to the date of issuance of these Rules, accepted paid advertising, any candidate shall be permitted the opportunity to have his/her paid political advertisement(s) placed in the publication at the same cost and under the same guidelines available to other advertisers; this right must be granted to all candidates on a non-discriminatory basis. Paid political advertising which is included in such a subordinate body publication shall be clearly identified as such.
10. IBT Magazine: Rights of Accredited and Nominated Candidates for International Office
(a) Pursuant to the authority of the Election Supervisor to distribute materials about the election, each accredited candidate has the right to have campaign literature published in the October, 2015 and February, 2016 issues of the IBT Magazine and each nominated candidate for International office has the same right to publication in the August 2016, and September 2016 issues of the IBT Magazine. In addition, there will be a mailing funded by the Union of a single package of campaign materials from all nominated candidates to the current names and addresses that are on file for all ballot-qualified members. This mailing will occur not later than one week prior to the date scheduled by the Election Office for the mailing of ballots.
(1) Each accredited or nominated candidate for the following offices shall be limited to the following number of pages of material per Magazine issue and for the campaign literature mailing described above: General President one (1) page; General Secretary-Treasurer, three-fourths (3/4) of a page; at-large or regional Vice President, one-half (1/2) of a page; Trustee, one-fourth (1/4) of a page.
(2) Accredited or nominated candidates who are members of a slate may pool their space in any Magazine issue and for the campaign literature mailing.
(3) Each accredited or nominated candidate and each slate of accredited or nominated candidates may use any portion of the space allotted pursuant to Art. VII, § 10(a)(1) of these Election Rules in any Magazine or mailing to solicit contributions from eligible contributors.
(4) Candidates shall submit their material for publication or mailing to the Election Supervisor prior to the first day of the month preceding scheduled publication or mailing; all submissions must be camera-ready; photographs may be submitted.
(b) The order of presentation in the IBT magazines and in the campaign literature mailing of each candidate's or each slate's material shall be determined by lot conducted by the Election Supervisor in September 2015 and again in July 2016, with the order so determined rotated in the Magazine issue(s) and for the candidate literature mailing thereafter. Slate material shall be published before the material submitted by individual candidates.
(c) The Election Supervisor and the Union may not regulate or alter the content of any candidate's or slate's material, or disclose such content, prior to its publication.
(d) The Election Supervisor shall have discretion to have copies of The Teamster magazine, or a printed package of campaign literature, distributed in Canada as an alternative to publishing campaign literature in Teamsters Canada magazine.
11. IBT Website
Pursuant to the authority of the Election Supervisor to distribute materials about the election, each accredited or nominated candidate has the right to have the same campaign literature that is published in the IBT Magazine pursuant to Article VII, Section 10 of these Rules published on the IBT website. The campaign literature shall be accessible through a prominent link that reads “2016 Election Campaign Literature” and appears on the IBT website homepage (i.e., the opening or main page of the IBT website. The campaign literature shall be published to the IBT website simultaneously with the publication of the issue of the IBT Magazine in which the campaign literature appears and shall remain on the IBT website for a period of time to be determined by the Election Supervisor but, in any event, for no fewer than 30 days.
12. Freedom to Exercise Political Rights
(a) All Union members retain the right to participate in campaign activities, including the right to run for office, to support or oppose any candidate, to aid or campaign for any candidate, and to make personal campaign contributions. This includes, but is not limited to, the right to distribute campaign literature (and otherwise to solicit support for a member's candidacy) outside a meeting hall before, during and after a Union meeting, regardless of Union policy, rule or practice.
Where any candidate or other member of the Union exercises or attempts to exercise any right under the Rules to campaign for or against the candidacy of any person for the position of delegate, alternate delegate or International Officer, members of the Union shall have the reciprocal right to hear or otherwise receive such campaign advocacy.
No candidate or member may campaign during his/her working hours. Campaigning incidental to work is not, however, violative of this section. Further, campaigning during paid vacation, paid lunch hours or breaks, or similar paid time off is also not a violation of this section.
(b) All Union officers and employees, if members, retain the right to participate in campaign activities, including the right to run for office, openly to support or oppose any candidate, to aid or campaign for any candidate, and to make personal campaign contributions. However, such campaigning must not involve the expenditure of Union funds. Accordingly, officers and employees (and other members) of the Union may not campaign on time that is paid for by the Union. Campaigning incidental to regular Union business is not, however, a violation of this section. Further, campaigning during paid vacation, paid lunch hours or breaks, or similar paid time off is also not a violation of this section. An endorsement of a candidate may be made by a Union officer or employee, but solely in his/her individual capacity. The Union or a Local Union as such or the General Executive Board or an Executive Board of a Local Union as such may not endorse or otherwise advance a candidacy, even if all members agree on the endorsement or candidacy.
(c) Union funds, facilities, equipment, stationery, personnel, etc., may not be used to assist in campaigning unless the Union is reimbursed at fair market value for such assistance, and unless all candidates are provided equal access to such assistance and are notified in advance, in writing, of the availability of such assistance. Union officers and employees provided with Union-owned or leased cars, if otherwise afforded the right to utilize those cars for personal activities, may use the cars for campaign activities, provided no costs, or expenses incurred as a consequence of such use are paid out of Union funds or other prohibited sources.
(d) No restrictions shall be placed upon candidates' or members' preexisting rights to use employer or Union bulletin boards for campaign publicity. Similarly, no restrictions shall be placed upon candidates' or members' preexisting rights to solicit support, distribute leaflets or literature, conduct campaign rallies, hold fund-raising events, or engage in similar activities on employer or Union premises. Such facilities and opportunities shall be made available to all candidates and members on a non-discriminatory basis.
(e) Subject to the limitations in this Subsection, (i) a candidate for delegate or alternate delegate and any member of the candidate's Local Union may distribute literature and/or otherwise solicit support in connection with such candidacy in any parking lot used by that Local Union's members to park their vehicles in connection with their employment; (ii) each member of a candidate's Local Union has the reciprocal right to receive such literature and/or solicitation of support from such candidate or candidate's advocate; (iii) a candidate for International office and any Union member within the regional area(s) in which said candidate is seeking office may distribute literature and/or otherwise solicit support in connection with such candidacy in any parking lot used by Union members to park their vehicles in connection with their employment in said regional area(s); (iv) each member of the International Union who is employed within the regional area(s) in which said candidate is seeking office has the reciprocal right to receive such literature and/or solicitation of support from such candidate for International office or candidate's advocate.
The foregoing rights are available only in connection with campaigning during the 2015-2016 IBT International Union Delegate and Officer Election conducted pursuant to the Final Order and only during hours when the parking lot is normally open to employees. The rights guaranteed in this Subsection are not available to an employee on working time, may not be exercised among employees who are on working time and do not extend to campaigning which would materially interfere with the normal business activities of the employer. An employer may require reasonable identification to assure that a person seeking access to an employee parking lot pursuant to this rule is a candidate or other member entitled to such access. Nothing in this Subsection shall entitle any candidate or other Union member to access to any other part of premises owned, leased, operated, or used by an employer or to access to a parking lot for purposes or under circumstances other than as set forth herein.
The foregoing rights are presumptively available, notwithstanding any employer rule or policy to the contrary, based upon the Election Supervisor's finding that an absence of such rights would subvert the Final Order's objectives of ensuring free, honest, fair, and informed elections and opening the Union and its membership to democratic processes. Such presumption may be rebutted, however, by demonstrating to the Election Supervisor that access to Union members in an employee parking lot is neither necessary nor appropriate to meaningful exercise of democratic rights in the course of the 2015-2016 election. An employer seeking to deny access to Union members in an employee parking lot may seek relief from the Election Supervisor at any time.
(f) An employer's discrimination between candidates in permitting access to its property shall constitute an improper contribution to the candidate(s) who benefit from such discrimination.
(g) Retaliation or threat of retaliation by the International Union, any subordinate body, any member of the IBT, any employer or other person or entity against a Union member, officer or employee for exercising any right guaranteed by this or any other Article of the Rules is prohibited.
13. Credentialed Representatives
Each delegate candidate may authorize any member(s) of his/her Local Union to serve as his/her credentialed representative, and each International Officer candidate may authorize any member(s) of the Union to serve as his/her credentialed representative. Authorization shall be given on a form issued by the Election Supervisor. The credentialed representative(s) shall, in that candidate's absence, have the same rights as are permitted the candidate in this Article.