Protest Decisions

IN RE: ALEXANDRA POPE,
Protest Decision 2000 EAD 3
Issued: August 1, 2000
OEA Case No. PR060502NA

Alexandra Pope, a member of Local 805, filed a pre-election protest pursuant to Article XIII, Section 2(a) of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules").[1]  The protest challenges actions listed in three categories: 1) the imposition of a temporary trusteeship over IBT Local 556 by General President James P. Hoffa and the removal by the trustee appointed by Hoffa of Maria Martinez from her position as chief shop steward; 2) improper campaigning and use of union resources in support of the reelection of General President Hoffa at an April 2000 meeting of the Central Region Construction Trades Division (the "Division"); and 3) improper campaigning and use of union resources through articles critical of Tom Leedham, secretary-treasury of Local 206, in various union publications in December 1999 and early 2000. These three categories of allegations have been severed for purposes of investigation and resolution. The second is resolved by this decision.

Election Administrator representative Judith Kuhn investigated the protest.

Findings of Fact

The facts are not in dispute, having been alleged by two protestor witnesses and confirmed in greater detail by the IBT, which admits that the endorsement resolution was passed as alleged by the protestor.

The Division met at the Chaparral Suites Hotel in Scottsdale, Arizona on April 16-21, 2000. On the morning of April 17, a policy committee for the Division met and drafted a motion for presentation at the Division's general meeting. Later that day, William Bernard, secretary-treasurer of Local 164, presented the motion to the general meeting as the first order of business. The text of the motion stated:

Whereas, General President James P. Hoffa, IBT, and his administration has returned unity, pride, strength and jobs to the Teamsters Union;

Whereas, James P. Hoffa and his administration has regained financial stability to this union and negotiated strong contracts, and returned this great International Union to its members;

Whereas, James P. Hoffa and his administration are committed to improving the lives of all working families;

Therefore, let it be resolved we the undersigned Policy Board of the Central Region Construction Division and all its members do hereby endorse General President James P. Hoffa and his entire slate for the IBT 2001 election.

There was no objection to this motion, which was seconded and approved unanimously. Roger Hunt, president of Local 92 and the chair of the Division, did not rule the motion out of order.

During the investigation, the IBT submitted a sign-in sheet showing the names of 65 people who attended the meeting. The resolution appears in the conference minutes. On June 6, 2000, copies of the minutes were mailed to 23 policy committee members, most of whom were present at the April 17 meeting. The IBT denies that there was additional dissemination, and no evidence of such was presented. Nor did the investigation uncover any evidence of additional campaigning at the conference.

Analysis and Conclusion

Article VII, Section 11(b) of the Rules makes clear that, while union members, including officers, are free to endorse candidates, this can be done only in the member's "individual capacity." Section 11(b) also provides that "[t]he Union or a Local Union as such … may not endorse or otherwise advance a candidacy, even if all members agree on the endorsement or candidacy."[2]  The Election Office has consistently prohibited the union, or any of its subordinate bodies, from endorsing a candidate or slate of candidates. See, Gebow, P963 (1991), aff'd as modified, 91 EAM 212, Custer, P1098 (1991).

During the investigation of this protest, the IBT agreed to send a notice, signed by Division chair Roger Hunt, to all attendees, as well as any policy committee members who did not attend, advising that it was a violation of the Rules to entertain and pass the endorsement motion, that the endorsement is therefore null and void, and that union funds may not be used to support or oppose any candidate in an internal union election.[3] The protestor urges, however, that an informal remedy is insufficient and that an official notice from the Election Administrator be placed in the Teamster magazine. The protestor argues that such a notice will enhance the credibility of the Election Administrator. Otherwise, it is argued, the letter will simply be taken as having been sent "with a wink."

The Election Administrator has concluded that the IBT's Notice will adequately remedy the violation. Under these circumstances, the Election Administrator concludes that further processing of this protest is unwarranted. Accordingly, having received the IBT's certification of the mailing of the attached Notice, the protestor's complaint as stated in this protest is deemed RESOLVED.

Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within two (2) working days of receipt of this decision. The parties are reminded that, absent extraordinary circumstances, no party may rely upon evidence that was not presented to the Office of the Election Administrator in any such appeal. Requests for a hearing shall be made in writing, shall specify the basis for the appeal, and shall be served upon:

Kenneth Conboy

Election Appeals Master

Latham & Watkins

Suite 1000

885 Third Avenue

New York, New York 10022

Fax: 212.751.4864

Copies of the request for hearing must be served upon the parties listed above, as well as upon the Election Administrator for the International Brotherhood of Teamsters, c/o International Brotherhood of Teamsters, 25 Louisiana Ave. NW, Washington, D.C. 20001, all within the time prescribed above. A copy of the protest must accompany the request for hearing.

William A. Wertheimer, Jr.

William A. Wertheimer, Jr.

Election Administrator

cc: Kenneth Conboy

Judith Kuhn

2000EAD3

DISTRIBUTION LIST VIA UPS NEXT DAY AIR:

Alexandra Pope J. Douglas Korney

322 North Fullerton Avenue Korney & Heldt

Montclair, NJ 07042 30700 Telegraph Road

Suite 1551

Michael Goldberg Bingham Farms, MI 48025

Widener University School of Law

4601 Concord Pike Bradley T. Raymond

Wilmington, DL 19803 Finkel, Whitefield, Selik, Raymond,

Ferrara & Feldman

Patrick Szymanski 32300 Northwestern Hwy.

IBT General Counsel Suite 200

25 Louisiana Avenue, N.W. Farmington Hills, MI 48334

Washington, DC 20001

Roger Hunt, President,

Teamsters Local 92

1127 Ninth Street, N.W.

P.O. Box 5238

Canton, OH 44707