Protest Decisions

September 13, 1995

VIA UPS OVERNIGHT

Dan F. Darrow

September 13, 1995

Page 1

Dan F. Darrow

4565 South Main Street

Akron, OH 44319

John M. Masters, Esq.

Masters and Jesse

1399 Eaton Center

111 Superior Avenue

Cleveland, OH 44144

Robert J. Sanson, President

Teamster Local Union 73

3150 Chester Avenue

Cleveland, OH 44114

James E. Pertucci, Secretary-Treasurer

Teamsters Local Union 293

3150 Chester Avenue

Cleveland, OH 44114

Gary M. Tiboni, President

Teamsters Local Union 436

6051 Carey Drive

Valley View, OH 44125

Gordon McGinnis, Secretary-Treasurer

Teamsters Local Union 473

3320 Superior Avenue

Cleveland, OH 44114

James P. Hoffa

2593 Hounds Chase

Troy, MI 48098

Dan F. Darrow

September 13, 1995

Page 1

Re:  Election Office Case No. P-096-LU348-CLE

Gentlemen:

A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Elections (“Rules”) by

Dan F. Darrow, a member of Local Union 348.  In his protest, Mr. Darrow contends that Attorney John M. Masters and the law firm Masters and Jesse, L.P.A., sent out a newsletter containing an article which supported the candidacy of General President Ron Carey, thereby making a contribution in violation of Article XII, Section 1(b)(1) of the Rules.  Mr. Darrow also alleges that the law firm newsletter was mailed to current and former delegates of Joint

Council 41 through a misappropriation of the delegate’s mailing list.

Dan F. Darrow

September 13, 1995

Page 1

In response to the protest, Mr. Masters alleges that statements in the newsletter did not violate the Rules because the article, “Fear and Loathing at Joint Council 41” is directed at matters of local concern to Joint Council 41 and there are no statements which either directly or indirectly support the candidacy of any member.  Moreover, Mr. Masters argues that the article

is fully protected speech under the Rules, the IBT Constitution and the First Amendment of the U.S. Constitution.  Concerning the alleged misappropriation of the delegates’ mailing list,

Mr. Masters contends that he has represented Joint Council 41 in two panel hearings and for the Severance Fund.  He maintains a mailing list which he has created and updated which was created from the Joint Council 41 Christmas Card mailing list, which Masters and other professionals and vendors were provided by the office staff of Joint Council 41 upon requests of his office in 1990-1993.    Mr. Masters contends the protest is frivolous and should be dismissed.

The protest was investigated by Regional Coordinator Joyce Goldstein.

The law firm of Masters and Jesse sent out a newsletter in June 1995 to “Clients and Friends.”  The stated purpose of the newsletter is “to keep our clients and the labor community advised of issues affecting the representation of working men and women.”  On page 2 of the newsletter was an article entitled “Fear and Loathing at Joint Council 41.”  The article, which is approximately 1½ pages, is authored by Mr. Masters and discusses the unprecedented changes in the Teamsters Union in the context of the 1991 election of Ron Carey and the current political state of Joint Council 41.  While the content of the article is by implication complimentary of

Mr. Carey, it refers to his policies and the “change” in the Union rather than his candidacy or the elections.  Thus, most of the article does not address the delegate or International officer elections or the candidates or candidacies in the elections.  There is, however, in the introductory paragraph, the following reference to the candidacy of James P. Hoffa:[1]

Whether you date the change [in the Teamsters] from the death of Jackie Presser, the signing of the Consent Decree or the election of Ron Carey, except for those who keep their heads buried in the sand, chanting “Hoffa in 96,” only one conclusion is possible: The International Brotherhood of Teamsters has changed fundamentally and irrevocably.

Article XII, Section 1(b)(1) of the Rules states:

No employer may contribute, or shall be permitted to contribute, directly or indirectly, anything of value, where the purpose, object or foreseeable effect of the contribution is to influence, positively or negatively, the election of a candidate. . .

Dan F. Darrow

September 13, 1995

Page 1

Dan F. Darrow

September 13, 1995

Page 1

The prohibition extends beyond employers that have contracts with the union and specifically applies to “any law firm or professional organization that employs any staff.”  Id.  This prohibition extends beyond strictly monetary contribution made by an employer to include a ban on “use of employer stationery, equipment, facilities and personnel.”  Id.  This prohibition against employer contributions to a campaign is in accord with Section 401(g) of the Labor-Management Reporting Disclosure Act, which is incorporated into the Rules at Article XIII.

While the statement concerning Mr. Hoffa is only contained in one sentence of a lengthy article which primarily addresses internal union disputes in Joint Council 41, the reference is critical of Mr. Hoffa; and by referring to “Hoffa in 96,” it clearly refers to his candidacy.  Thus, the Election Officer concludes that the foreseeable effect of the reference was to negatively influence Mr. Hoffa’s candidacy.

Through an affidavit provided to the Election Officer, Mr. Masters states that the client newsletter was mailed to members of several Teamster local unions which he represents and certain officers and trustees of local unions affiliated with Joint Council 41.  Thus, by publishing and distributing the newsletter with this article, Mr. Masters and Masters and Jesse, who is clearly an employer within the meaning of the Rules, made a contribution of something of value which had the foreseeable effect of negatively influencing the campaign of Mr. Hoffa, in violation of the Rules.

The Election Officer does not find evidence that Mr. Masters violated the Rules through the use of a mailing list which he previously obtained from Joint Council 41 and which has been maintained and updated through the law firm’s records.

Based upon the foregoing, the protest is GRANTED as to the charge of campaigning by Mr. Masters and Masters and Jesse. 

The Election Officer determines that the appropriate remedy for this violation is to provide a similar publicity opportunity for Mr. Hoffa.  Mr. Masters and Masters and Jesse, therefore, is directed to make its newsletter available to Mr. Hoffa.  Mr. Masters shall write to Mr. Hoffa and offer him the opportunity to submit, within fourteen (14) days of receipt of

Mr. Master’s letter, a statement of no more than 164 words--the length of the paragraph which refers to Mr. Hoffa’s candidacy.   Masters and Jesse shall publish such statement in the next edition of its newsletter on page 2.  Preceding the statement by Mr. Hoffa, the newsletter shall publish the following statement by the Election Officer:

The Election Officer for the International Brotherhood of Teamsters has the authority to supervise all phases of the International Union delegate and officer elections.  These elections, including the campaigning process, are governed by the Rules for the 1995-1996 International Union Delegate and Officer Election (“Rules”).  The Rules strictly prohibit employer contributions “where the purpose, object or foreseeable effect of the contribution is to influence, positively or negatively, the election of a candidate. . .” 

Dan F. Darrow

September 13, 1995

Page 1

In Masters and Jesse’s June 1995 newsletter, there was an article entitled “Fear and Loathing at Joint Council 41,” which the Election Officer has found contained a reference critical of the candidacy of James P. Hoffa, a candidate for General President of the IBT.  The Election Officer ruled that by publishing and distributing the newsletter with this article, Masters and Jesse made a contribution of something of value which had the foreseeable effect of negatively influencing the campaign of Mr. Hoffa, in violation of the Rules. The Election Officer has directed that Masters and Jesse publish the following response of James P. Hoffa:

The newsletter shall be mailed to the same Teamster members and clients as the newsletter protested herein.

Within two (2) days of publication of the statement of the Election Officer and

Mr. Hoffa in the newsletter, or, if Mr. Hoffa does not submit a statement within fourteen (14) days of Mr. Master’s letter, within two (2) days after the fourteen days have elapsed, Mr. Masters shall file an affidavit with the Election Officer setting forth in detail the steps he has taken to comply with this decision and order, and shall attach to such affidavit the relevant portion of the newsletter, if applicable. 

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

Joyce Goldstein, Regional Coordinator