July 14, 1996
VIA HAND DELIVERY
Dale Arthur James P. Hoffa
Marriott Convention Center Hoffa Campaign Headquarters
Philadelphia, PA ‘96 International Convention
Pennsylvania Convention Center
Room 103
Philadelphia, PA
VIA UPS OVERNIGHT
Bradley T. Raymond
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334
Re: Election Office Case No. CONV-1-LU107-NCE
Gentlemen:
Dale Arthur, a member of Local Union 100 and a sergeant-at-arms at the IBT International Convention, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”) against the Philadelphia Convention Center Authority (“Authority”) and the James P. Hoffa, Jr., campaign. Mr. Arthur alleges that the Authority made an improper campaign contribution under the Rules by agreeing to permit Local Union 107 to park a trailer at the “house loading dock” at the Philadelphia Convention Center during the Teamsters 25th International Convention. He alleges that the trailer was intended to be used to conduct campaign activities for Mr. Hoffa. Mr. Arthur further alleges that the Hoffa campaign violated the Rules by accepting such a contribution.
The Authority responds that no such trailer has been parked or will be permitted to park on Convention Center grounds. Local Union 107 denies attempting to sponsor such a trailer.
Dale Arthur
July 14, 1996
Page 1
This protest was investigated by Regional Coordinators Judith Kuhn and Peter V. Marks, Sr.
Members of Local Union 107 work at the “house loading dock” at the Philadelphia Convention Center, an area covered by the IBT’s contract with the Authority for use of the Convention Center for the Teamsters 25th International Convention. On July 11 and 12, 1996, IBT Associate General Counsel John Sullivan contacted a representative of the Authority, Robert Butera, after receiving information that the Authority had agreed to permit Local Union 107 to station a trailer at the house loading dock. Mr. Sullivan states that he believed the trailer would be used for campaign activity. He further states that he informed Mr. Butera that allowing the trailer to be stationed at the loading dock would violate the IBT’s contract with the Authority and might violate the Rules.
According to Mr. Sullivan, Mr. Butera stated that the Authority had agreed to allow stationing of the trailer, that such activity would not violate the IBT’s contract, and that he would not change his mind unless instructed to do so by the Election Officer.
Local Union 107 President Thomas Ryan denies that Local Union 107 intended to sponsor the trailer in question. He states that he first learned of the situation from Mr. Butera on July 12. Mr. Butera informed him that Local Union 107 Steward Greg Carchidi had sought permission to station the trailer. Mr. Ryan states that he informed Mr. Butera that Mr. Carchidi was not acting on behalf of the local union.
Regional Coordinator Marks spoke with Mr. Butera on July 12. Mr. Butera stated to Mr. Marks that the plan to park the trailer at the house loading dock had been abandoned because the trailer was too large. Mr. Butera stated that the trailer would not be stationed on Convention Center grounds.
Article XII, Section 1(b)(1) of the Rules provides,
No employer may contribute, or shall be permitted to contribute, directly or indirectly, anything of value, where the purpose, object or foreseeable effect of the contribution is to influence, positively or negatively, the election of a candidate . . . These prohibitions extend beyond strictly monetary contributions made by an employer and include contributions made by an employer and include contributions or use of employer stationery, equipment, facilities and personnel.
This section also provides that “No candidate may accept or use any such contribution.” Furthermore, Article XII, Section 1(a) of the Rules provides that “No candidate for election shall accept or use any contributions or things of value received from any employers . . .”
Dale Arthur
July 14, 1996
Page 1
The Authority is an “employer” for purposes of the Rules. See “Definitions,” p. xvi. In this matter, the Election Officer finds that Mr. Butera was approached about the parking of a trailer at the house loading dock at the Convention Center and that Mr. Butera initially agreed to permit the activity. The Election Officer finds no evidence, however, that the trailer in question was ever parked on Convention Center grounds or was utilized at that site to campaign for Mr. Hoffa. The Election Officer also finds insufficient evidence on this record to determine the sponsor of the trailer or its intended use. In view of Mr. Butera’s statement that the Authority will not now permit the trailer in question to be parked on Convention Center grounds, the Election Officer finds that no violation has been committed and that further investigation is unnecessary.
For the foregoing reasons, 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
Judith Kuhn, Regional Coordinator