Protest Decisions

            We issued our decision in Hoffa-Hall 2011, 2011 ESD 354 (November 5, 2011), finding that Local Union 173 violated the Rules by promoting the Gegare candidacy in a union-financed publication.  We ordered Local Union 173 to mail a remedial notice, no later than Monday, November 7, 2011, to all members to whom the union publication had been distributed.  We further ordered the Gegare campaign to fund the printing and mailing costs of separate campaign mailings to all Local Union 173 members on behalf of the Hoffa-Hall 2011 and the Sandy Pope campaign, with those mailings to be completed no later than November 8, 2011. 

            On November 5, the same date our decision issued, the Gegare campaign filed an appeal seeking to vacate the portion of the remedy requiring it to fund the campaign mailings on behalf of its opponents. 

We treat the appeal as a request for reconsideration of our decision.

            The Gegare campaign argues that it should not be held responsible for remedying the violation found in Hoffa-Hall 2011 because neither it nor any of the members of its slate took any action that violated the Rules.  We reject this argument, as Article XI, Section 1(b)(3) bars candidates from accepting or using a contribution from a labor organization, and Section 1(b)(15) of the same article declares that ignorance by a candidate that union resources were used to promote his/her candidacy will not be a defense to a violation of the Rules.  We have routinely held candidates liable for contributions made by unions, even where they did not seek or instigate them and even where the candidates did not know the contributions had been made.[1]  The purpose of this requirement is to provide an incentive to candidates to insure that their supporters comply with the Rules. 

            Nonetheless, we GRANT reconsideration to modify the remedy we ordered in Hoffa-Hall 2011, and exercise our discretion to tailor the remedy to the facts foundAccordingly, we vacate the portion of our decision in Hoffa-Hall 2011 that requires remedial campaign mailings and limit our remedy to a requirement that Local Union 173 cease and desist from Rules violations and an order that the local union mail the remedial notice to its members. 

            A mailing from Local Union 173 to the same membership that received the newsletter is a remedy coextensive with the violation.  It will notify the members of the violation and will arrive in time to allow them to act on the information if they choose.[2]  No further remedy is appropriate or necessary under the circumstances. 

            Accordingly, the full remedy we order for the violation found is as follows:

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. 

            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.