August 10, 1995
VIA UPS OVERNIGHT
Darryl Sullivan, et al.
August 10, 1995
Page 1
Darryl Sullivan
2059 Richmond
Arlington, TX 76014
Michael Ruscigno
302 Summit Avenue
Jersey City, NJ 07306
James Jacob
1377 Sassaquin Avenue
New Bedford, MA 02745
James P. Hoffa
Teamsters Local Union 337
2801 Trumbull Ave.
Detroit, MI 48216
Teamsters First
Box 596
Jemez Pueblo, NM 87024
Paul Alan Levy, Esq.
Public Citizen Litigation Group
1600 20th Street NW
Washington, DC 20009
Darryl Sullivan, et al.
August 10, 1995
Page 1
RE: Election Office Case No. P-061-LU320-EOH
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(a), of the Rules for the 1995-1996 I.B.T. International Union Delegate and Officer Election (“Rules”) by letter dated May 24, 1995, by Darryl Sullivan, a member of Local Union 745, Michael Ruscigno, a
Darryl Sullivan, et al.
August 10, 1995
Page 1
member of Local Union 138 and James Jacob, a member of Teamsters Local 251.[1] The protesters allege that the publication Teamsters First derives funding and in-kind contributions from union sources for its production and facsimile distribution and was used to campaign against General President Ron Carey and Teamsters for a Democratic Union ("TDU") and in favor of James Hoffa, a candidate for General President, and other Carey and TDU opponents.
The protest was investigated by Election Office Staff Attorney Helene Boetticher and Regional Coordinator Judy Kuhn.
The Rules at Article XII, Section 1(b), prohibit employers and unions from making any campaign 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." A union contribution, however, must involve the use of "[u]nion funds, facilities, equipment, stationery, personnel, etc." See, Rules, Article VIII, Section 11(c).
The investigation disclosed that no union funds were utilized in the production or dissemination of Teamsters First. On its face, the publication reads that it is produced by “Teamsters First, Box 596, Jemez Pueblo, New Mexico 87024." One of those involved in the publication was Jack Mogelson, former Recording Secretary of Local Union 362. Mr. Mogelson stated that he produced materials for Teamsters First at Kinkos, a photocopying service. He stated he only used personal funds. The investigation revealed that two other former officers of Local Union 320, Mr. Bastian and Mr. Weisenberger worked on Teamsters First, but all the work was done at their homes. Finally, an investigation conducted by the Local Union Trustee, Harold J. Yates, revealed that the office staff of the Local Union was not aware of any utilization of Local Union staff time, reproduction or distribution of Teamsters First. Moreover, the Local Union auditor did not discover any facsimile transmissions concerning Teamsters First. There is therefore no evidence uncovered in the investigation of the Election Officer that union funds and/or facilities were utilized in the publication or distribution of Teamsters First.
Darryl Sullivan, et al.
August 10, 1995
Page 1
For the foregoing reasons 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
Regional Coordinator Judy Kuhn
[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 to the 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 protests 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.