July 19, 1995
VIA UPS OVERNIGHT
Gerald Zero
Secretary/Treasurer
Teamsters Local Union 705
1645 West Jackson Blvd.
Chicago, IL 60612
James Hoffa
Joint Council 43
2801 Trumbull Ave.
Detroit, MI 48216
O’Brien’s Restaurant & Bar
1528 N. Wells Street
Chicago, IL 60610
RE: Election Office Case No. P-054-LU705-EOH
Gentlemen:
This pre-election protest was filed pursuant to Article XIV, Section 2(a) of the Rules
Gerald Zero, et al.
July 19, 1995
Page 1
for the 1995-96 IBT International Union Delegate and Officer Election (“Rules”)[1]. The protester, Gerald Zero, Secretary-Treasurer of Local Union 705 charges that Mr. Hoffa, Administrative Assistant to the President of Joint Council 43 and a candidate for International office, accepted employer contributions by permitting O’Brien’s, a Chicago restaurant, to publish an advertisement in the Chicago Sun-Times on March 22, 1995 bearing Mr. Hoffa’s picture.
The advertisement in question is a picture of Hoffa headed by a quote, “At the end of a hard day’s labor I elect to head for O’Brien’s.” The next line reads “Jimmy Hoffa, Jr., Teamster Official”. Below the picture, a caption reads, “Our customers say it all!” Below the caption, the advertisement describes O’Brien’s and provides the restaurant’s address and telephone number.
The Rules at Article XII, Section 1(b), prohibit an employer from making any “campaign contribution," defined by the Rules as any contribution “where the purpose, object or foreseeable effect of that contribution is to influence, positively or negatively, the election of a candidate for [the 1996 International] Convention delegate or alternate delegate or International Officer position.” The definition of employer "is not limited to an employer which has a collective bargaining agreement with the Union or which is the subject of an organizing campaign by the Union." Rules, p. xii.
Gerald Zero, et al.
July 19, 1995
Page 1
To ascertain whether a communication constitutes promotion of a candidate, the Election Officer looks to tone, content, and timing of the communication. See, Sullivan, P-053-LU391-EOH (July 10, 1995). The March 1995 advertisement for O’Brien’s restaurant includes Hoffa’s picture and an endorsement of the restaurant. The Election Officer finds the advertisement, so far in advance of the nominations and elections, is not likely to influence the election of a candidate for the 1996 International Convention delegate or International Officer position. The advertisement, therefore, is not prohibited campaign assistance.
Based upon the foregoing, the protest is DENIED.
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: Election Appeals Master Kenneth Conboy
Julie E. Hamos, Regional Coordinator
[1]This “reach-back” protest was filed within the thirty day period following the final promulgation of the Rules on April 24, 1995, and alleges violations occurring prior tot he issuance of the Rules. The Rules at Article XIV, Section 2(a), state:
Protests regarding violations of the [Labor-Management Reporting and Disclosure Act, as amended] (including violations of the IBT Constitution) allegedly occurring prior to the date of issuance of the Rules and protest regarding any conduct allegedly occurring within the first twenty-eight (28) days after issuance of the Rules must be filed within thirty (30) days of the date of issuance, or such protests shall be waived.
Mr. Hoffa claims the protest is untimely. The protest was received at the Election Office by facsimile on May 24, 1995. Therefore, the Election Officer finds the protest was timely filed within 30 days of issuance of the Rules.