Protest Decisions

September 27, 1995

VIA UPS OVERNIGHT

Alan G. Evans

September 27, 1995

Page 1

Alan G. Evans

September 27, 1995

Page 1

Re:  Election Office Case No. P-030-LU769-SEC

Gentlemen:

A pre-election protest was filed pursuant to Article XIV, Section 2(a) of the Rules for the 1995-96 IBT International Union Delegate and Officer Election Rules (“Rules”) by

Alan G. Evans

September 27, 1995

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Alan G. Evans, a member of Local Union 769.[1]  The protester alleges that Local Union 769 held a rally for James P. Hoffa, candidate for General President, at the Local Union hall on February 16, 1995, which the Local Union publicized by producing and distributing a flier addressed to “all Teamsters who are concerned about the future of the union” announcing a “Hoffa Rally” at the Local Union 769 hall.

Regional Coordinator Peter V. Marks, Sr. investigated the protest.

Local Union 769 President Tony Cannestro and Mr. Hoffa state that Mr. Hoffa was the guest speaker at the Local Union’s regularly-scheduled general membership meeting on February 16, 1995, but deny that campaign activity occurred at the meeting.[2]  Mr. Hoffa asserts that he gave a speech that he gives frequently concerning issues of interest to union members, such as the North American Free Trade Agreement.

Mr. Cannestro denies that Local Union 769 produced or distributed the flier announcing a “Hoffa Rally,” and further states that no one from the Local Union saw the flier prior to the investigation of this protest.   Mr. Hoffa denies that he had anything to do with the flier.  Mr. Cannestro acknowledges that Local Union representatives telephoned its stewards in order to encourage Local Union members to attend the February 16, 1995 membership meeting.  He advises that while the average attendance at Local Union 769 membership meetings is usually about 75 members, between 200 and 300 members attended that night.    Mr. Cannestro states that while the Local Union did not notify any of Mr. Hoffa’s opponents of his scheduled appearance at Local Union 769, or extend to them a similar invitation to speak to its membership, General President Ron Carey has declined invitations by the Local Union to speak to the membership on other occasions.

The protest raises three issues under the Rules.  First, the allegation that Local

Union 769 held a rally for the Hoffa campaign without offering the other candidates equal access to the Local Union 769 membership raises an issue as to whether the Local Union has violated the Rules by discriminating in favor of  Mr. Hoffa and against his opponents in conjunction with its meetings.  The Rules are violated when campaigning occurs at a union meeting to which some, but not all, competing candidates for the same office are invited.  See Article VIII, Sections 5 (a)(2) and (a)(4).

Second, there is the question of whether the flier announcing the Hoffa rally, if produced and/or distributed by the Local Union, was unlawful assistance prohibited by

Article VIII, Section 11(c).  While the Rules explicitly recognize the right of union officers and employees to participate in campaign activities, that section prohibits a Local Union from providing resources to assist a campaign absent reimbursement, and with notice and equal access provided to all candidates.

Alan G. Evans

September 27, 1995

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Third, there is the question of whether by calling its stewards to encourage attendance at the membership meeting preceding the alleged Hoffa rally, the Local Union made an unlawful campaign contribution in violation of Article VIII, Section 11(c).  The telephoning is similar to maintaining a campaign telephone bank, which the Election Officer has determined can violate the Rules if assisted by Union resources.  See, Gregory, P-606-LU135-SCE

(April 16, 1991), aff’d, 91-Elec. App.-135 (SA) (April 29, 1991).     

The investigation disclosed that just after the February 16, 1995 general membership meeting, Local Union 769 provided Mr. Hoffa access to its members for the purpose of campaigning.  Local Union 769 has conceded that a segment of a July 26, 1995  television program entitled “Eye to Eye” airing on CBS featuring Mr. Hoffa’s campaign showed portions of the speech given by Mr. Hoffa to Local Union 769 members gathered in the Local Union’s enclosed parking lot just after the membership meeting on February 16, 1995.

Despite the assertions of the Local Union and Mr. Hoffa to the contrary, Mr. Hoffa’s speech at Local Union 769 was a campaign speech.  One of the televised segments shows

Mr. Hoffa waiting in President Cannestro’s office.  A voice is heard saying, “Jim, everybody’s out there waiting on you.”  Mr. Hoffa exclaims, “Let’s go!” and walks out to the enclosed parking lot, where he is greeted with applause by a large group, many of whom were wearing “Hoffa” hats.   Mr. Hoffa urges the crowd, “We must have one union to fight the employer.  Let’s stop dividing this, Ron Carey.  Let’s pull it together in one union!”  At another point, the crowd is shown repeatedly chanting “Hoffa!,” to which Mr. Hoffa responds, “This is a hell of a local!”

There is also no dispute that the Local Union did not notify Mr. Hoffa’s opponents of his campaign appearance or provide them an equivalent opportunity to address the Local Union 769 members.  By holding a campaign event for Mr. Hoffa without providing his opponents a similar opportunity and without notifying them of his appearance, Local

Union 769 discriminated against Mr. Hoffa’s opponents with regard to access to the Local Union membership in violation of Article VIII, Sections 5(a)(2) and 5(a) (4) of the Rules.

While Mr. Cannestro denied that the Local Union produced and distributed the flier for the rally, a Local Union 769 member stated that he received the flier in the mail from the Local Union.  The production and distribution of the flier by the Local Union are consistent with the efforts of the Local Union to promote the event by telephoning its stewards, resulting in an unusually large attendance at the February meeting.  The evidence, however, is inconclusive as to whether the Local Union produced or distributed the flier.  The Local Union did promote Mr. Hoffa’s appearance by telephoning the stewards to encourage member attendance, resulting in an unusually large attendance at the February meeting.

Based on the foregoing, the protest is GRANTED.

When the Election Officer determines that the Rules have been violated, she “may take whatever remedial action is appropriate.”  Article XIV, Section 4.  In fashioning the

Alan G. Evans

September 27, 1995

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appropriate remedy, the Election Officer views the nature and seriousness of a violation as well as its potential for interfering with the election process.

Local Union 769 has discriminated against Mr. Hoffa’s opponents in violation of the Rules requiring that if any candidate is permitted access to the membership, then all candidates be permitted such access on a nondiscriminatory basis.  Accordingly, to remedy this violation, the Election Officer directs Local Union 769 to provide the other candidates for general president access to its membership similar to that provided Mr. Hoffa.  Specifically, Local Union 769 is directed to offer the candidates for general president, Ron Carey and Sam Theodus, an opportunity to hold a campaign event at the Local Union 769 hall immediately after a regularly-scheduled membership meeting.

The Election Officer directs that her order in this respect be implemented as follows:

1.  Local Union 769 President Tony Cannestro is directed, within five (5) days of the date of this decision, to offer Ron Carey and C. Sam Theodus, in writing, the opportunity for access to the Local Union 769 membership by duplicating and mailing by first-class mail the “Notice To Ron Carey and C. Sam Theodus” attached hereto.  Mr. Carey and Mr. Theodus shall be requested to indicate their acceptance or rejection of this offer within fourteen  (14) days of receipt of their Notice.

2.  If Local Union 769 holds a campaign event for either or both candidates pursuant to this order, or if the candidates reject the invitation, the Local Union 769 president shall file an affidavit with the Election Officer demonstrating that the Local Union provided notice consistent with this directive, and the steps he has taken to comply with the Election Officer’s Order within two (2) days of receipt of the rejection of the invitations, or within two (2) days of any such campaign event, whichever is later. A copy of the affidavit shall be simultaneously sent to the candidate(s) for whom the event(s) was held.

3.  In order that the members of Local Union 769 are fully advised of their rights, the Election Officer further directs that within seven (7) days of the date of this decision, Local Union 769 duplicate and post the “Notice to the Local Union 769 Membership” also appended hereto on all Local Union bulletin boards for thirty (30) consecutive days.  Within two (2) days of posting the notice, Local Union President Cannestro shall file an affidavit with the Election Officer demonstrating compliance with this directive.

4.  Hereafter, if Local Union 769 permits access to its membership by any candidate for the purpose of campaigning, then, pursuant to the Rules, the Local Union shall provide advance notice to and permit any other candidate for that office or a credentialed representative of such candidate equal access and an opportunity to hear the other candidate(s) speak.

Alan G. Evans

September 27, 1995

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Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within one day of receipt of this letter.  The parties are reminded that, absent extraordinary circumstances, no party may rely upon evidence that was not presented to the Office of the Election Officer in any such appeal.  Requests for a hearing shall be made in writing and shall be served on:

Kenneth Conboy, Esq.

Mudge, Rose, Guthrie, Alexander & Ferdon

180 Maiden Lane, 36th Floor

New York, NY  10038 

Fax (212) 248-2655

Copies of the request for hearing must be served on the parties listed above as well as upon the Election Officer, 400 North Capitol Street, Suite 855, Washington, D.C. 20001, Facsimile (202) 624-3525.  A copy of the protest must accompany the request for a hearing.

Sincerely,

Barbara Zack Quindel

Election Officer

cc:               Kenneth Conboy, Election Appeals Master

J. Griffin Morgan, Regional Coordinator

Peter V. Marks, Sr., Regional Coordinator

              NOTICE TO RON CAREY AND C. SAM THEODUS

Local Union 769 permitted James P. Hoffa to hold a campaign rally at the Local Union hall after a regularly-scheduled general membership meeting on February 16, 1995.  Each candidate for general president (or the candidate’s credentialed representative) will be permitted, upon your request, an opportunity to hold a similar campaign event at the Local Union 769 hall to be held after a regularly-scheduled general membership meeting.  Please advise the undersigned within fourteen (14) days of receipt of this Notice if you wish to hold a rally at the Local Union 769 hall, or if you reject this invitation.

____________________________________

Tony Cannestro

Local Union 769 President

              NOTICE TO TEAMSTER LOCAL UNION 769 MEMBERS

              FROM BARBARA ZACK QUINDEL, ELECTIONS OFFICER, IBT

The Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) governing access to membership meetings by candidates for International Union delegate or officer prohibit a Local Union from discriminating or permitting discrimination in favor of or against any candidate in conjunction with membership meetings or otherwise.  In addition, a Local Union is prohibited from using Union funds, facilities, equipment, stationery, personnel, etc., to assist in campaigning unless the Union is reimbursed at fair-market value for such assistance, and unless all candidates are provided equal access to such assistance and are notified in advance, in writing, of the availability of such assistance.

The Election Officer has determined that Local Union 769 discriminated in favor of  James P. Hoffa and against his opponents for the office of IBT general president by permitting Mr. Hoffa to hold a campaign event at the Local Union 769 hall on February 16, 1995.  To remedy the violation, the Election Officer has ordered Local Union 769 to offer the other candidates for general president a similar opportunity to hold a campaign activity at the Local Union hall.   The Election Officer also has found that Local Union 769 violated the Rules by using union resources to build attendance for the Hoffa rally.

If, in the future, Local Union 769 permits access to its membership by any candidate for the purpose of campaigning, then it shall offer any other candidate for that office or a credentialed representative of such candidate equal access to the membership, as well as an opportunity to hear the other candidate(s) speak.

If  Local Union 769 uses Union funds, facilities, equipment, stationery, personnel, etc., to assist in campaigning, it must obtain reimbursement from the candidate at fair-market value for such assistance and provide all candidates with equal access to such assistance and advance notice, in writing, of the availability of such assistance.

Any complaint that the Local Union has violated the Rules in any respect should be immediately reported to Barbara Zack Quindel, Election Officer, IBT, at her Washington, D.C. office.  All such reports shall be immediately investigated and in the event of a violation, appropriate remedial action taken.

_________________________________

Barbara Zack Quindel

Election Officer

This is an official notice and must remain posted for 30 consecutive days from the day of posting, and must not be altered, defaced or covered by any other material.