IN RE: ALLEN BUNCH, Protestor.
Protest Decision 2006 ESD 352
Issued: September 24, 2006
OES Case No. P-05-041-112105-HQ
(See also Election Appeals Master decision 06 EAM 67)
Allen Bunch, a member of Local Union 549, 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 "[c]andidates Hoffa and Keegel, as the two principal officers of the IBT, have abused their official union positions to identify the Hoffa-Keegel slate as the official IBT-endorsed slate."
In Bunch, 2006 ESD 305 (June 24, 2006), we decided the portion of the protest that asserted that the Hoffa slate violated the Rules by adopting as a campaign slogan a theme that is closely identified with the union.
We severed for further investigation a distinct issue about the Hoffa slate's use on its website of material apparently originated by the IBT, specifically, the posting on the Hoffa slate website of media reports and press releases that are verbatim copies of those posted on the IBT website.
This decision resolves that remaining issue.
Following issuance of Bunch, supra, we wrote the Hoffa campaign as follows:
[W]e note that the press releases listed on the Hoffa 2006 website have been copied verbatim from the IBT website (www.teamster.org). To date, there are a total of 105 press releases listed on the Hoffa 2006 site, every one of which appears to have been copied directly from the IBT website. Currently, each press release lists a title, author, and a one (1) to two (2) sentence introduction followed by the following message: "Click here to read the full article on the International Brotherhood of Teamsters site. This site is not affiliated with, or endorsed by, the International Brotherhood of Teamsters."
The Rules prohibit use of union funds, facilities, equipment and personnel "to assist in campaigning." Article VII, Section 12(c). The Rules also prohibit the union from contributing "anything of value" to a candidate "where the purpose, object or foreseeable effect of the contribution is to influence, positively or negatively, the election" of the candidate. Article XI, Section 1(b)(3).
The inclusion of the IBT press releases on the Hoffa 2006 website is misleading for a number of reasons. For one, there is an implied endorsement by the IBT of the Hoffa 2006 campaign when the Hoffa 2006 website displays as its own press releases verbatim copies of IBT press releases with no indication that they are IBT-created material. Even more troubling, given that the press releases on the Hoffa 2006 and the IBT are identical gives the impression that the IBT and Hoffa 2006 are one and the same. Second, the Hoffa 2006 website provides no indication as to whether the IBT or the Hoffa 2006 campaign is responsible for writing the articles. It is not clear that Hoffa 2006 is reproducing material created by and for a third party.
On this analysis, we requested that the Hoffa campaign change its website to distinguish Hoffa 2006 releases from releases reproduced from another source, such as the IBT or a newspaper of general circulation. Further, we requested that the Hoffa campaign clarify its disclaimer to state clearly that the Hoffa 2006 website is not in any way affiliated with the IBT, and that no endorsement should be implied.
The Hoffa campaign responded to our request by inserting the following introduction in its Media Center section under the press releases heading: "News About the International Brotherhood of Teamsters, from the Teamsters Communications Department." Further, on each link to the IBT website, the campaign displays the following: "The Hoffa 2006 site is not affiliated with, or endorsed by, the International Brotherhood of Teamsters."
The changes the Hoffa campaign made to its website satisfactorily address the issue we reserved in Bunch and raised in our correspondence with the campaign. We have not received any complaints or evidence of actual confusion between the Hoffa 2006 website and the IBT's website before these changes were made to the press release listings, and the changes make the third party source of the material clear. Other campaign websites reproduce material from third parties with similar source identification, and reproduction of such material by the campaign does not violate the Rules. On this basis, we deem this matter 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 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
885 Third Avenue, Suite 1000
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 352
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 E. 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
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com