Executive Board Local


I U.O.E.

Bothell, Washington


Re: 2002 Election Protest


To the Executive Board:


Pursuant to Article XXIV of the Constitution, please note this timely protest of the 2002 election of officers for Local 302. Specific reasons and corresponding violations are listed below. As a remedy for the violations incurred by Allan Darr and his incumbents, I seek a new, safeguarded election held by the U.S. Department of Labor, damages and costs, and equal access to the union's newspaper, "Loadlline," for campaigning purposes.


I reserve the right to incorporate additional specific reasons and address more applicable violations, if discovered within the statutory period, to the U.S. Department of Labor. Thus, any new evidence which is discovered prior to the Department's investigation will be presented to the Department to be used in scope with their investigation.


(A) VIOLATIONS: Section 401(c)(g), Title {IV, LMRDA; 29 CFR Sections 452.69, 462.73, 452.75.


1. Misuse of union funds by Allan Darr to promote himself and his slate.


The above sections and the relevant subpart from the federal regulations governing union elections were violated by incumbent business manager Allan Darr. Darr, who also serves as the Executive Editor of the union's newspaper, "Loadline," authorized the mail-out of apprommately 9500 copies of the Loadline to every member of Local 302 just days prior to the election.


Business Manager Darr produces the Loadline with union funds. The names and addresses of each member who receives the Loadline is taken from a membership list controlled by Allan Darr.


This “election issue" of the Loadline was mailed out more than six weeks after the campaign period began in early June, and just days before the ballots were mailed out on August 5, 2002. In his dual role as Business Manager and Executive Editor, Darr purposely provided excessive promotional coverage of himself in the "election issue" of the Loadline. Darr’s photograph appeared 19 times. Allan Darr’s name also appeared numerous times, often in large bold letters. Darr even had a personal storyline that consumed one and a half pages in the Loadline. When asked, Darr refused to




reveal the production, printing and mailmg costs of the Loadline to the members.


In addition, Darr provided each of his incumbent officers with a photograph of themselves and an accompanying storyline in the Loadline. No photograph or storyline of candidate Wayne Plumb or any of his candidates appeared in the "campaign issue" of the Loadlline, nor was candidate Plumb or any of his candidates offered an opportunity for their photographs, names or storylines to appear in that issue.


Business Manager Darr, who served as the Editor of the Loadline from approximately 1991 to 1998, personally developed the style, content, timing, and tone of the Loadline for purely self-promotional purposes. Darr intended to use this format of the Loadline to help him win elections using union resources.


In 1996, the Loadline was abused by a different business manager, in similar fashion but to a lesser degree than in 2002. Darr served as the Loadline's Editor in 1996. The incumbents were warned of their misuse of union funds to promote themselves in the Loadline dunng the campaign period.


In 1999, the Loadline was not mailed-out during the campaign period and charges were not raised by the challengers regarding misuse of union funds to promote the incumbents. Darr was not employed with the union in 1999 and did not serve as the Editor.


Even a cursory examination of the 2002 "election issue" of the Loadline, which incumbent Allan Darr maintained personal control over, demonstrates the blatent abuse of authority by business manager Darr to misappropriate union funds for purposes of campaigning. Darr's intentional and willful acts to violate federal labor law and affect the outcome of the 2002 election is plainly and abundantly clear. Darr used the Loadline to excessively promote himself through the use of union funds, a clear violation of the Act.


2. Misuse of union equipment and postage permit by Allan Darr.


There is evidence to show the U.S. Department of Labor that Allan Darr used union equipment and other union resources to prepare and draft his personal campaign literature. There is also evidence to show that Allan Darr employed Service Printing to print his campaign brochures.


Official records from the U.S. Department of Labor show that Service Printing owner Gianelli lied to federal investigators in 2000 about his involvement in the 1999 election. Further evidence shows that Gianelli was involved in secret telephone calls with Darr just prior to the 1996 election when Darr was a candidate. Evidence also exists to show that Gianelli was under contract with the union in 1999 and 1996 to produce the election ballots. Gianelli produced the 2002 "election issue" of the Loadline for business manager Darr.





Finally, evidence exists showing that Allan Darr misused the union's mail permit. All of Darr’s campaign brochures (4) were mailed out under the identical permit number that the union used for the mailing of ballots on August 5, 2002.


(B) VIOLATIONS: Section 401, Title IV, LMRDA; Constitution; bylaws.


1. Denia1 of inspection of the membership list.


Allan Darr and the incumbent officers violated Sec. 401 (2) because bona fide candidate Wayne Plumb specifically requested to examine the membership list before the ballots were mailed out on August 5, 2002. Plumb's request was denied.


Candidate Plumb and his forensic observer, Don Smith, requested an inspection of the membership list at the mailing center on the morning of August 5, 2002, prior to the mailing of ballots. Plumb had a reason to believe that Allan Darr and the incumbents were employing an inaccurate and "rigged" membership list for ballot stuffing purposes. Plumb's reason for issuing the inspection request on the 5th of August, just before ballot mailing, was to identify a fraudulent membership list.


Union attorney Russell J. Reid denied Plumb his legal right under Section 401 to inspect the membership list one time prior to the mailing of ballots. Plumb had not previously inspected the list and was exercising his right. Russell Reid is supposed to represent all of Local 302 and advise on the legal rights of members. Instead, it appears that Russell Reid is covering for misdeeds of the incumbents, who intentionally and willfully violated Title IV of the Act in order to affect the outcome of the election.


p class=MsoNormal>2. Denial of adequate safeguards to ensure a fair election.


(a) Election Chairman


Section 401(c) of Title IV and Article XXIV of the Constitution was violated by Allan Darr and the incumbents officers because they permitted Jack Jakubiec to remain on the Election Committee and serve as the Committee's chairman. Jack Jakubiec formerly served as Local 302's Recording-Corresponding-Financial Secretary during the controversial 1999 election.


After a lengthy investigation by the U.S. Department of Labor, it was determined that the 1999 election ballots were trimmed and that those trimmings were thrown away. Section 401 (e) of Title IV; and Article XIV, Subtitle C, Section 4 of Local 302's bylaws require that the R-C-F Secretary shall preserve for one year the ballots and all other records pertaining to the election. Jakubiec did not comply. As a result, Jakubiec destroyed evidence that was crucial and is the subject of current litigation.


At the request of candidate Plumb and his candidates, as well as through Plumb's campaign chairman, the union had numerous opportunities to remove Jakubiec from





the Election Committee, but failed to act.


Plumb's campaign chairman even filed a charge against Jakubiec for playing a conflicted role as violator of the election bylaws in 1999 and Election Committee Chairman in 2002. That charge was dismissed by Allan Darr’s Executive Board. Now, Jakubiec has taken unfounded retaliatory action against Plumb's Campaign Chairman as further evidence that the union willfully violated the LMRDA's safeguard provision in order to affect the outcome of the election.


(b) Neutral location for ballot counting.


Section 401 (c) of Title IV was violated by Allan Darr and the incumbents because candidate Plumb requested a neutral location for counting the ballots, but was denied. The ballots were counted at the incumbent's union hall in Bothell, Washington.


Just as candidate Plumb figured, he was subject to orchestrated abuse and verbal harassment by the incumbents and their friends on election day.


Signed this date of September____ , 2002.


Wayne Plumb, candidate

for Business Manager of Local 302



Donald Todd, Assistant Deputy Secretary of Labor

Eugene Scalia, U.S. Solicitor of Labor

Elaine Chao, U.S. Secretary of Labor






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