OFFICE OF THE ELECTION SUPERVISOR
for the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
IN RE: FRED ZUCKERMAN, ) Protest Decision 2016 ESD 301
) Issued: October 8, 2016
Protestor. ) OES Case No. P-338-072916-AT
____________________________________)
Fred Zuckerman, candidate for IBT General President, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2015-2016 IBT International Union Delegate and Officer Election (“Rules”). The protest alleged that Marcus King, principal officer of Local Union 331, violated the Rules by endorsing the Hoffa-Hall 2016 slate from the podium during a meeting of the Teamsters Hispanic Caucus.
Election Supervisor representative Paul Dever investigated this protest.
Findings of Fact and Analysis
The Teamsters National Hispanic Caucus is a subordinate body of the IBT that exists to assist and promote the interests of Hispanic Teamsters. George Miranda is its president; Ron Herrera its executive director. Miranda is a candidate for re-election as IBT vice president at large on the Hoffa-Hall 2016 slate. Herrera was declared elected as IBT vice president for the West region following the secret ballot vote of delegates conducted at the 29th IBT convention in June 2016.
On July 29 and 30, 2016, the Hispanic Caucus conducted a meeting at Bally’s Atlantic City Hotel. Some 150 caucus members attended. Teamsters Local Union 331 was the “host local” for the meeting; Marcus King is the local union’s principal officer. At the end the first day of the conference, caucus leadership planned to have caucus members join with the UNITE HERE Local 54 members to picket the Trump Taj Mahal Hotel in Atlantic City. King addressed the conference attendees while they waited for a representative of the UNITE HERE picketers to come and lead them to the picket line. King’s remarks reminded the gathering of the importance of union members supporting each other. He continued by stating his belief that the nation needed experienced leaders and urged Teamster members to vote for Democratic candidates.
The protest alleged that King then “explicitly stated that everyone in attendance should vote for the Hoffa-Hall campaign.”
King conceded this point, telling our investigator that he said, “We need experienced leaders and I am going to vote for the Democrats and Hoffa-Hall!” He explained to our investigator that mentioning Hoffa-Hall was unplanned and spontaneous.
Caucus president Miranda’s account of the incident matches King’s account in every important detail.
Carlos Lizarraga told our investigator that King was not on the agenda, appeared to be filling time, and went on for “5 to 10 minutes” about the need for experienced leaders. Lizarraga said the words used to endorse Hoffa-Hall were brief but clear. Lizarraga is a candidate for IBT vice president at large on the Teamsters United slate.
Two additional witnesses corroborated this evidence. Marcos Salgado of Teamsters Local Union 705 said that King endorsed the Hoffa-Hall slate briefly. Trey McCutcheon of Teamsters Local Union 89 stated that King’s words weren’t “a real long endorsement, just long enough that everyone knew.”
No union need permit campaigning at any union meeting. However, if campaigning is to be permitted, advance written notice of the opportunity to campaign must be given to all candidates. This was not done.
We find that King used his union position to endorse the Hoffa-Hall 2016 slate and that he did so during the course of a union-sponsored event that was not otherwise open to campaign activity regulated by the Rules. Specifically, King violated Article VII, Section 12(b) by using his position as principal officer of the host local union for Hispanic Caucus to endorse the Hoffa-Hall 2016 slate. Further, he violated Article VII, Section 12(c) by using union facilities, i.e., the podium at a union-funded event, to make the endorsement under circumstances where no other candidate or candidate representative had notice, express or implied, that political speech would be permitted in that forum.
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. “The Election Supervisor’s discretion in fashioning an appropriate remedy is broad and is entitled to deference.” Hailstone & Martinez, 10 EAM 7 (September 14, 2010).
We order King to cease and desist from endorsing candidates at union meetings that are not open to campaigning, and from any further violation of the Rules.
We also order that the IBT email the notice attached to this decision to all Teamsters Hispanic Caucus members who attended the caucus meeting in Atlantic City, NJ on July 29 and 30, 2016. The purpose of the notice is strictly remedial and is to inform members of the requirements of the Rules and that King violated them. The emailing shall be completed no later than Tuesday, October 11, 2016. The notice shall be reprinted in the body of the email; the subject line of the email shall read “Election Supervisor notice to Teamsters Hispanic Caucus;” and the hyperlinks that appear in the notice shall be rendered active. No later than Thursday, October 13, 2016, the IBT shall submit to OES proof of compliance in the form of a declaration by a person with personal knowledge of the compliance, made under penalty of perjury.
Finally, we order the Hoffa-Hall 2016 campaign to pay the sum of $250 to the IBT as reimbursement for the staff expense incurred in generating the email address list, transmitting the email notice, and demonstrating compliance. Such reimbursement shall be completed no later than Tuesday, October 11, 2016. No later than Thursday, October 13, 2016, the slate shall submit to OES a declaration compliance with this order, made under penalty of perjury.
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:
Kathleen A. Roberts
Election Appeals Master
JAMS
620 Eighth Avenue, 34th floor
New York, NY 10018
kroberts@jamsadr.com
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, 1050 17th Street, N.W., Suite 375, Washington, D.C. 20036, all within the time prescribed above. A copy of the protest must accompany the request for hearing.
Richard W. Mark
Election Supervisor
cc: Kathleen A. Roberts
2016 ESD 301
DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
braymond@teamster.org
David J. Hoffa
1701 K Street NW, Ste 350
Washington DC 20036
hoffadav@hotmail.com
Ken Paff
Teamsters for a Democratic Union
P.O. Box 10128
Detroit, MI 48210-0128
ken@tdu.org
Barbara Harvey
1394 E. Jefferson Avenue
Detroit, MI 48207
blmharvey@sbcglobal.net
Teamsters United
315 Flatbush Avenue, #501
Brooklyn, NY 11217
info@teamstersunited.org
Louie Nikolaidis
350 West 31st Street, Suite 40
New York, NY 10001
lnikolaidis@lcnlaw.com
Julian Gonzalez
350 West 31st Street, Suite 40
New York, NY 10001
jgonzalez@lcnlaw.com
David O’Brien Suetholz
515 Park Avenue
Louisville, KY 45202
dave@unionsidelawyers.com
Fred Zuckerman
P.O. Box 9493
Louisville, KY 40209
fredzuckerman@aol.com
Teamsters Local Union 331
Marcus King
1 Philadelphia Avenue
Egg Harbor City, NJ 08215
mking@teamsters331.org
Paul Dever
1050 17th St NW,
Washington DC 20036
pdever@ibtvote.org
Jeffrey Ellison
214 S. Main Street, Suite 212
Ann Arbor, MI 48104
EllisonEsq@aol.com
NOTICE OF ALL MEMBERS OF THE TEAMSTERS HISPANIC CAUCUS WHO ATTENDED THE CAUCUS MEETING IN ATLANTIC CITY, NJ ON JULY 29 AND 30, 2016
The Election Supervisor has found that Teamsters Local Union 331 President Marcus King violated the 2016 Election Rules by endorsing candidates for International office when addressing the Teamsters Hispanic Caucus meeting on July 29, 2016.
The Rules for the 2015-2016 IBT International Union Delegate and Officer Election (“2016 Election Rules”) prohibit a union officer from making a campaign statement at a union meeting that is not open to campaigning. The 2016 Election Rules further prohibit use of union resources to support or oppose any member’s candidacy for International office.
The Election Supervisor will not permit any such violation of the Rules. The Election Supervisor has ordered President King to cease and desist from such violation of the Rules.
The Election Supervisor has ordered the IBT to email this notice to all Teamster Hispanic Caucus members who attended the Teamsters Hispanic Caucus on July 29 and 30, 2016. The Election Supervisor has also ordered the candidate slate that President King endorsed to reimburse the IBT the cost of preparing the email list and emailing the notice to Caucus members.
The Election Supervisor has issued this decision in Zuckerman, 2016 ESD 301 (October 8, 2016). You may read this decision at https://www.ibtvote.org/Protest-Decisions/esd2015/2016esd301
Any protest you have regarding your rights under the Rules or any conduct by any person or entity that violates the Rules should be filed with Richard W. Mark, 1050 17th Street, N.W., Suite 375, Washington, D.C. 20036, telephone: 844-428-8683, fax: 202-774-5526, email: electionsupervisor@ibtvote.org.
This is an official notice prepared and approved by Richard W. Mark, Election Supervisor for the International Brotherhood of Teamsters.