Protest Decisions

            Hoffa-Hall 2011 filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2010-2011 IBT International Union Delegate and Officer Election (“Rules”).  The protest alleged that a union-financed publication of Local Union 173 impermissibly promoted the candidacy of Fred Gegare for IBT General President.

            Election Supervisor representative Jeffrey Ellison investigated this protest.

Findings of Fact and Analysis

            Local Union 173 mailed Local 173 Quarterly Flyer, a multi-page newsletter, to its members on October 28, 2011.  The calendar page of the newsletter showed the monthly calendars for October through December.  The column to the right of the calendars was headed “Schedule of Events” and highlighted dates for general membership, craft and executive board meetings.  Listed at the bottom of that column were the following notes:

§  Check home mailbox for your ballot from the IBT on the mail in election of International election nominees.  Oct. 1^st.  Return ballots by Nov. 1^st.

§  Before voting, please review the candidates and make an intelligent choice.  God bless the Teamsters!

*Fred Gegare is asking for all union members to sign on his website for support!  Become a Fred fan @ www.fred2011.com

The newsletter did not list website addresses for Hoffa-Hall 2011 or Sandy Pope. 

            Under our Publication Review Advisory, issued July 8, 2011, the IBT and all local unions and other subordinate bodies must obtain pre-publication review and approval of union-financed publications distributed between August and November 2011 “solely for the purpose of enforcing the ban on using union resources to support or oppose any candidates.”  The Local 173 Quarterly Flyer was not submitted to OES for this review.

            The newsletter states support for Gegare by urging members to “[b]ecome a Fred fan” and to otherwise support him.  Such statements constitute impermissible use of a union-funded publication to support a candidate for International office, in violation of Article VII, Section 8 of the Rules.  The statements that precede this declaration, urging members to vote intelligently, do not diminish or excuse the Gegare endorsement.

            Accordingly, we GRANT the protest.

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.

We order Local Union 173 to cease and desist from using union resources to support or oppose the candidacy of any member or slate seeking IBT office.

We further order Local Union 173 to mail the notice attached to this decision to all members to whom it distributed the Local 173 Quarterly Newsletter.  The purpose of the notice is to educate the members of the local union of the Rules’ requirements, to notify them that the local union violated the Rules, and to inform them that their local union cannot and does not support any candidate or slate of candidates for International office.  The mailing must be sent by first-class mail and deposited with the U.S. Postal Service no later than Monday, November 7, 2011.  Within one working day thereafter, the local union must file an affidavit of compliance with our office attesting that the notice was mailed as required. 

To remedy the unfair advantage obtained by the Gegare campaign, we order the Gegare campaign to pay all printing and mailing expenses for a campaign mailing by the Hoffa-Hall 2011 campaign and a campaign mailing by the Pope campaign to all members of Local Union 173.  Notice of intention to access the remedy ordered here may be given at any time but no later than November 7, 2011 by email to the Gegare campaign with copies to Local Union 173 and to our office; the notice shall identify and give contact information for the mail house the campaign designates to process the mailing.  The mailing must be completed as soon as possible but no later than November 8, 2011. 

Each candidate or slate that qualifies for a mailing under this decision is entitled under the remedy we order here to a mailing separate from the mailing granted to any other such candidate.  The expense for which the Gegare campaign is liable under this remedy is the cost of #10 envelopes, mailing labels or address-labeling process, paper and printing (including plate-making) for a one-sheet, two-sided flyer printed on white 20# paper in black ink, and first class postage.  The Gegare campaign is not responsible for artwork or layout expense associated with the mailing.  If any candidate seeks to use other than white 20# paper and/or ink in addition to or instead of black, the incremental cost, if any, of such enhancements is the responsibility of that candidate and not the local union.  The local union shall supply the address list for the members entitled to receive the campaign mailings to the mail house designated by any candidate or slate accessing this remedy and in a fashion to permit use of first-class mailing.  The Gegare campaign shall provide such guarantee of payment as the designated mail house shall reasonably require and shall do so in a time that will not delay the mailing.

            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, NY  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, 1801 K Street, N.W., Suite 421 L, Washington, D.C.  20006, all within the time prescribed above.  A copy of the protest must accompany the request for hearing.