October 4, 1995
VIA UPS OVERNIGHT
James P. Hoffa
October 4, 1995
Page 1
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Ron Carey, General President
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
John Sullivan, Associate General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
Teamster Freight Bulletin
Carhaul Contract Bulletin
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
James P. Hoffa
October 4, 1995
Page 1
Re: Election Office Case Nos. P-126-IBT-EOH
P-127-IBT-EOH
Gentlepersons:
Related pre-election protests were filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by James P. Hoffa. In P-126-IBT-EOH, the protester alleges that General President Ron Carey used the August 9, 1995 issue of Teamster Freight Bulletin, a publication funded by the IBT, to promote his candidacy in violation of the Rules. In P-127-IBT-EOH, Mr. Hoffa alleges Mr. Carey used the union-financed Carhaul Contract Bulletin to promote his candidacy, in violation of the Rules. In both protests, Mr. Hoffa further alleges that the publications at issue are part of a pattern and practice by Mr. Carey to use union-financed publications to promote his candidacy.
The protests were investigated by Regional Coordinator Peter V. Marks, Sr.
James P. Hoffa
October 4, 1995
Page 1
In each protest, Mr. Hoffa cites an article entitled “$55 Per Week Strike Benefits To Start September 1,” printed in the Teamster Freight Bulletin and the Carhaul Contract Bulletin. The second paragraph of the article begins, “The decision to restart $55 per week benefits was made possible in part by reforms made in the International Union’s finances since 1992, including . . .” The passage is followed by a bullet-point listing of financial reforms.[1] Mr. Hoffa contends that this list amounts to prohibited campaigning.
The Rules, at Article VIII, Section 8(a), provide the following prohibition, "No publication or communication financed, directly or indirectly, by a Union may be used to support or attack any candidate or the candidacy or any person . . ." Section 8(a) also sets forth specific illustrations of improper support of a candidate in a union-financed publication.
The Election Officer has previously found Mr. Carey was a candidate within the meaning of the Rules prior to the time of the allegedly prohibited publications. The Election Officer, therefore, applies the criteria in the Rules and considers the tone, content and timing of the publication in question. Martin, et al., Case No. P-10-IBT-PNJ, et al. (August 18, 1995), aff’d 95 - Elec. App. - 18 (KC) (October 2, 1995); Ruscigno, Case No. P-067-LU20-EOH (July 19, 1995). The Election Officer has previously recognized that where allegations of campaigning by an incumbent officer who is a candidate arise, she must distinguish between activity that constitutes performing the functions and duties of the incumbent’s office and campaigning. See Martin, supra.
The protested article serves as an announcement of the resumption of strike benefits. The bullet-point listing is presented as an explanation for why it is possible for payments to begin again after the exhaustion of the strike fund in April 1994. Such an explanation is reasonably related to the theme of the article. Issues concerning strike benefits are of concern to the membership. Reporting events or decisions of the International Union that financially affect the membership is a function of the general president. While the article, by citing the financial reforms of Mr. Carey’s administration, is complimentary of Mr. Carey, it does not support his candidacy, in violation of the Rules. As the Election Appeals Master stated in In Re: Martin and Hoffa, supra, “Mr. Carey has the right and the responsibility to communicate with the membership--through [Union publications]--his goals as General President of the IBT.”
James P. Hoffa
October 4, 1995
Page 1
The protester compares the article to one which appeared in the July/August issue of Teamster magazine and was found by the Election Officer to violate the Rules. Martin, supra. The Teamster article, entitled "The Future of Teamster Reform," is, however, distinguishable. Unlike the article in the instant protests, that article praised Mr. Carey’s accomplishments in the context of the importance of running for delegate. The linking of Mr. Carey’s accomplishments with the urging of members to run for delegate was found to be a violation. No such link exists in the article printed in the newsletters.
The protester further alleges that the article which appeared in the two protested publications is a part of "a concerted effort by Ron Carey to subvert the Election Rules and to use Teamster resources to make mailings to 1.4 million members." He claims this "concentrated effort" began with the publication of a “Teamsters Pride” letter in October 1994 and has manifested itself as various prohibited articles that have appeared in union-financed publications since then.
Mr. Hoffa raised similar allegations in P-022-IBT-PNJ and P-106-IBT-PNJ.[2] In that decision, the Election Officer pointed out that of all the articles cited to as evidence of a pattern and practice of violations only one, "The Future of Teamster Reform" in the July/August issue of Teamster magazine, was found to violate the Rules. A single violation is insufficient to establish a pattern or practice of Rules violations and, since the article cited in the instant protests does not violate the Rules, no further evidence of such a pattern or practice has been provided to the Election Officer. Id.
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.
Latham and Watkins
885 Third Avenue
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
cc: Kenneth Conboy, Election Appeals Master
Peter V. Marks, Sr., Regional Coordinator
[1]The list includes “[c]utting spending by past officials for private jets and first class air travel, [r]emoving dozens of highly paid officials who provided little or no service to the membership, [h]iring new officers and staff at salaries that average 14 percent lower than those they replaced, [e]liminating free lunch for officers and staff, [e]nding a special pension fund for top International officials and staff, [r]educing the cost of government supervision that results from racketeering charges against the previous leadership [and] [f]reezing an International Union pension plan that provided benefits for local union officers and staff who in most cases already received Teamster pensions from other sources."
[2]These protests were consolidated with others which included similar issues. The allegations contained in them were dealt with in Martin, supra.