November 8, 1995
VIA UPS OVERNIGHT
Gene Giacumbo
November 8, 1995
Page 1
Gene Giacumbo, Vice President
International Brotherhood of Teamsters
15 Village Road
Sea Bright, NJ 07760
Ron Carey, General President
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
John J. Sullivan
Associate General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
Nancy Stella
Communications Department
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
Matt Witt
Communications Department
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
Gene Giacumbo
November 8, 1995
Page 1
Re: Election Office Case No. P-102-IBT-PNJ
SUPPLEMENTAL DECISION
Gentlepersons:
On October 12, 1995, the Election Officer issued a decision in the above-captioned protest pursuant to the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”). The Election Officer granted the protest and concluded that a flyer produced by IBT Communications Director Matt Witt violated Article XII,
Section 1(b)(3) and Article VIII, Section 8(a) of the Rules by supporting the campaign of General President Ron Carey. As part of the remedy, the Election Officer ordered as follows:
Gene Giacumbo
November 8, 1995
Page 1
Mr. Carey’s campaign is ordered to reimburse the IBT for the expenses incurred by the union in distributing campaign literature. In computing such expenses, Mr. Witt shall submit to the Election Officer within seven (7) days of the date of this decision, an affidavit stating the following relevant facts:
(1) Mr. Witt’s annual salary; (2) the number of hours Mr. Witt spent preparing and distributing the Reform flyer; (3) the names and salaries of other IBT staffers who helped prepare or distribute the Reform flyer and the number of hours, if any, these staffers spent doing so; and (4) what production expenses were incurred by the IBT in distributing the flyer including but not limited to facsimile, postage and telephone.
Upon receipt of Mr. Witt’s affidavit, the Election Officer will issue a supplementary opinion to that issued today. In the supplementary opinion, the Election Officer will direct the Carey Campaign to repay an amount ordered by the Election Officer to the IBT for its campaign contribution.
The Election Officer has received an affidavit (attached hereto as Appendix A), as directed by the Election Officer, obtained from Mr. Witt. The affidavit, which is in the form of a letter, reads, in pertinent part, as follows:
My annual salary is $80,000. I spent one hour on the preparation and distribution of the “REFORM” document. I faxed the document to a maximum of four individuals and I mailed the document to no more than four individuals. The cost associated with reproduction and mailing of the document are less than $1.00 a piece.
I hereby affirm, under the penalties of perjury, that the foregoing is true and correct.
The Election Officer has reviewed the letter from Mr. Witt and concludes that the time allocation stated in his letter fairly represents what Mr. Carey’s campaign would have spent to produce and distribute the flyer in question. Mr. Carey’s campaign is therefore directed within thirty (30) days after issuance of this decision to reimburse the IBT in the amount of $40.47
(based upon Mr. Witt’s hourly pay rate plus $2 in paper and faxing costs). Within two (2) days of such reimbursement, the Carey campaign will submit an affidavit to the Election Officer demonstrating compliance with this order within the 30-day time frame.
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:
Gene Giacumbo
November 8, 1995
Page 1
Kenneth Conboy, Esq.
Latham and Watkins
885 Third Avenue, Suite 1000
New York, NY 10022
Fax (212) 751-4864
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
Attachment
cc: Kenneth Conboy, Election Appeals Master
Regional Coordinators