July 17, 1996
VIA HAND DELIVERY
Diana Rudolph
Doubletree Hotel
Philadelphia, PA
Hoffa ‘96 Campaign
Pennsylvania Convention Center
Rooms 103B and 103C
Philadelphia, PA
Re: Election Office Case No. CONV-27
Gentlepersons:
Diana Rudolph, a member of Local Union 174, filed a protest pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”) against supporters of the campaign of James P. Hoffa for general president. The protester alleges that supporters of Mr. Hoffa violated the Rules by wearing vests indicating their support of Mr. Hoffa during the nomination voting conducted by the Election Office for regional vice presidents of the International union.
This protest was investigated by Regional Coordinator Judith E. Kuhn.
The Supplementary Election Office Rules for the 1996 IBT Convention Floor Nominations and Nomination Voting provide, in Section XI:
No electioneering or campaign activity on behalf of any candidate will be allowed in the Convention Center rooms designated for the nomination voting, or within the posted area outside the rooms, during the times when the Election Officer is conducting nomination voting. This prohibition includes distribution of campaign literature and the wearing of personal campaign items, including articles of clothing, buttons, hats and the like.
Diana Rudolph
July 17, 1996
Page 1
Voting to determine the nominated candidates for regional vice president was held in a room at the Convention Center on July 16, 1996. The Election Officer representatives required voting delegates to remove all campaign insignia from their clothing several hundred feet in front of the room. Some persons wearing clothing bearing campaign slogans, etc., were given t-shirts to wear over such clothing, so as to cover any campaign matter. During this Convention, many supporters of Mr. Hoffa wore red vests bearing lettering and other indicia of their support for the candidate. The Election Officer representatives asked the delegates wearing these red vests to remove their vests or to wear them inside out so that none of the campaign indicia appeared.
The protester asserts that the mere wearing of red vests, even on the reverse side with no Hoffa insignia showing, indicates support of Mr. Hoffa. The Election Officer does not consider the red vests, turned inside out, absent insignia, lettering or other indicia of a campaign, to be personal campaign items within the meaning of the rule set forth above. The red vests worn by voting delegates did not communicate support for Mr. Hoffa to a degree sufficient to violate the neutrality required in the voting room by the Rules.
The protest is therefore 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, Pennsylvania Convention Center, Room 204, Facsimile (202) 418-2426. 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 E. Kuhn, Regional Coordinator