IN RE: TOM LEEDHAM SLATE, Protestor.
Protest Decision 2006 ESD 340
Issued: August 22, 2006
OES Case No. P-06-314-080306-FW
(See also Election Appeals Master decision 06 EAM 65)
The Tom Leedham Strong Contracts Good Pensions slate filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2005-2006 IBT International Union Delegate and Officer Election ("Rules"). The protest alleged that Local Union 85 secretary-treasurer Van Beane openly endorsed the candidacy of James Hoffa and his slate in a Local Union 85 newsletter, in violation of the Rules.
Election Supervisor representative Steven R. Newmark investigated this protest.
Findings of Fact
The front page of Local Union 85's July 2006 newsletter contained a "Message from Van Beane, Secretary Treasurer." The third paragraph of the message read:
General President Hoffa and Secretary Treasurer Keegal [sic] have provided the leadership it takes to make Teamsters America a strong union and continuing to grow and giving its members the best representation in organized labor. I support the Hoffa administration and the national leaders he has chosen for the General Executive Board.
The protestor contends that Beane's message violated the Rules because it used union resources to promote the candidacies of Hoffa, Keegel and the Hoffa 2006 slate members, and because Beane endorsed those candidates in his official capacity as local union secretary-treasurer.
Investigation found that the newsletter was mailed to all members of Local Union 85 on or about July 22, 2006. The local union does not plan to issue another newsletter before the date ballots are mailed in the International officer election.
Analysis
Article VII, Section 8(a) of the Rules declares that "[n]o publication or communication financed, directly or indirectly, by a Union may be used to support or attack any candidate or the candidacy of any person."
Article VII, Section 12(b) of the Rules states that union officers retain the right to participate in campaign activities and openly support or oppose any candidate. "However, such campaigning must not involve the expenditure of Union funds … 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 of a candidate."
We GRANT the protest allegation as to Beane's message. The article explicitly favors the election of General President Hoffa and Secretary-Treasurer Keegel and constitutes an impermissible endorsement of the Hoffa slate by the local union and by Beane in his official capacity. Therefore, the article violates the Rules.
Remedy
When the Election Supervisor determines that the Rules have been violated, he "may take whatever remedial action is deemed appropriate." Article XIII, Section 4. In fashioning the appropriate remedy, the Election Supervisor views the nature and seriousness of the violation as well as its potential for interfering with the election process.
In Leedham Slate, 2001 EAD 394 (June 23, 2001), aff'd 01 EAM 84 (July 13, 2001), the Election Administrator determined that an article appearing in Local Union 391's newsletter was "taken as a whole, partisan in tone and content," regarding Hoffa with "adulation." The Election Administrator also cited the fact that the article was "published a bare two months before the International convention." The Election Administrator ordered Local 391 to publish an article submitted by the Leedham Slate in the next issue. The Election Administrator determined that the article should be of "substantially equivalent length to the one found to have violated the Rules here, and it shall be placed in the same location on the front page of the newspaper."
Likewise, in Zimmerman, 2001 EAD 424 (August 10, 2001), aff'd in part and rev'd in part, 01 EAM 80 (September 14, 2001), supplemental remedy vacated, 01 EAM 80a (September 21, 2001), the Election Administrator found that a letter from the secretary-treasurer appearing in an issue of Local Union 396's newsletter was published in violation of the Rules as the article coupled the Hoffa slate's slogan with the author's caption "REMEMBER YOUR VOTE COUNTS." In that instance, the Election Administrator ordered Local Union 396 to "level the playing field" and publish a responsive article by the Leedham slate in the next issue of its newsletter. On appeal, the Election Appeals Master held that this remedy was appropriate, but that a supplemental remedy, which required the publication to include a notice of the violation in addition to the article, was excessive.
The Election Administrator found in Dethrow, 2001 EAD 381 (June 4, 2001), that an article by Local Union 688's secretary-treasurer in a union-financed publication constituted improper campaigning on behalf of a candidate as the tone and content consisted of "adulation for the Hoffa administration and, implicitly, criticism of the preceding Carey administration, with which the Hoffa campaign has sought to link Leedham." Again, the local union was ordered to print a responsive article of comparable length and in a similar page location to the article violating the Rules.
Here, Local Union 85 will not publish another issue of its newsletter before ballots in the International officer election are mailed to members. Accordingly, the remedy of a responsive article by the Leedham campaign in the newsletter's next issue is not available.
We order the following relief with respect to Beane and Local Union 85:
1. We order Van Beane and Local Union 85 to cease and desist from using the union newsletter and any other union funds, facilities, equipment and stationery to provide support for any candidate in the International officer election.
2. We further order Van Beane and Local Union 85 to cease and desist from using union resources to endorse any candidate for International office.
3. We order Local Union 85 to post on all union bulletin boards under the jurisdiction of the local union the notice attached to this decision and maintain such posting for 30 consecutive days. Such posting must be completed within 3 working days of receipt of this decision; immediately upon completing the remedy, the local union shall supply an affidavit to our office documenting that it has completed this aspect of the remedy.
4. To remedy the improper use of the union newspaper that Beane and Local Union 85 committed to Hoffa and the candidates on the Hoffa 2006 slate and to restore an even playing field, we order Local Union 85 to pay the full cost of duplicating and mailing to the full membership of Local Union 85 a one-page, two-sided campaign flyer to be supplied by the Leedham campaign. Such flyer shall be mailed at any reasonable time selected by the Leedham campaign. Such mailing shall be conducted by first-class mail. However, if the local union possesses a bulk mail permit that may be used for first-class pre-sort delivery, it shall permit the Leedham campaign use of the bulk mail permit. The local union shall supply its complete membership list, current as of the date it supplies it, to the mail house selected by the Leedham campaign in a form (label or electronic) designated by the Leedham campaign and, if first-class pre-sort delivery is to be used, in zip code order. The local union shall tender payment of the costs identified in this paragraph within 2 working days of receipt of documentation showing duplication and mailing costs. The Leedham campaign shall be permitted reimbursement for the costs of printing (including plate-making, 4 colors maximum), ink, paper and envelope stock, folding, stuffing, and postage. The Leedham campaign shall be responsible for the art and typesetting costs associated with the flyer. We order this remedy pursuant to Article XIII, Section 4(h), which authorizes the Election Supervisor to "requir[e] the Union to mail or otherwise distribute, at its own expense, candidate campaign materials," and Section 4(m), under which the Election Supervisor may "requir[e] the Union to provide candidate(s) with specific goods or services."
We order the Hoffa campaign to cease and desist from receiving improper contributions of union resources.
A decision of the Election Supervisor takes immediate effect unless stayed. Lopez, 96 EAM 73 (February 13, 1996).
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 Supervisor 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, as well as upon the Election Supervisor for the International Brotherhood of Teamsters, 1725 K Street, N.W., Suite 1400, Washington, D.C. 20006-1416, all within the time prescribed above. A copy of the protest must accompany the request for hearing.
Richard W. Mark
Election Supervisor
cc: Kenneth Conboy
2006 ESD 340
NOTICE OF ALL MEMBERS OF
TEAMSTERS LOCAL UNION 85
FROM ELECTION SUPERVISOR RICHARD W. MARK
The Rules for the 2005-2006 IBT International Union Delegate and Officer Election ("Rules") prohibit use of union resources to support or oppose any member's candidacy for International office. The Rules also prohibit the union from endorsing candidates.
The Election Supervisor will not permit any violation of such Rules.
The Election Supervisor has determined that Van Beane and Local Union 85 violated the Rules by using the union newsletter to endorse candidates for International office. The Election Supervisor has determined that Beane's conduct improperly used union resources for a campaign purpose.
Local Union 85 does not endorse and is not permitted to endorse any candidate or slate of candidates for International office.
Any protest you have regarding your rights under the Rules or any conduct by any person or entity which violates the Rules should be filed with Richard W. Mark, Election Supervisor, 1725 K Street, N.W., Suite 1400, Washington, D.C. 20006, telephone: 888-IBT-2006, fax: 202-454-1501, email: electionsupervisor@ibtvote.org .
____________________________________
Richard W. Mark
Election Supervisor
Date:
This is an official notice prepared and approved by Richard W. Mark, Election Supervisor for the International Brotherhood of Teamsters. It must remain posted for 30 consecutive days and must not be defaced or covered up.
DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001-2198
braymond@teamster.org
David J. Hoffa
Hoffa 2006
30300 Northwestern Highway, Suite 324
Farmington Hills, MI 48834
David@hoffapllc.com
Barbara Harvey
645 Griswold Street
Suite 3060
Detroit, MI 48226
blmharvey@sbcglobal.net
Ken Paff
Teamsters for a Democratic Union
P.O. Box 10128
Detroit, MI 48210
ken@tdu.org
Daniel Clifton
Lewis, Clifton & Nikolaidis, P.C.
275 Seventh Avenue, Suite 2300
New York, NY 10001
dclifton@lcnlaw.com
Stefan Ostrach
1863 Pioneer Parkway East, #217
Springfield, OR 97477-3907
saostrach@gmail.com
Van Beane, Secretary-Treasurer
IBT Local Union 85
850 Harrison Street
San Francisco, CA 94107
Christine M. Mrak
2357 Hobart Avenue, SW
Seattle, WA 98116
cmm@wmblaw.net
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com