October 13, 1995
VIA UPS OVERNIGHT
James P. Hoffa and Timothy W. Dunn
October 13, 1995
Page 1
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Timothy W. Dunn
37 Southwick Road
North Reading, MA 01864
Ron Carey, General President
International Brotherhood of Teamsters
25 Louisiana Ave., N.W.
Washington, DC 20001
John J. Sullivan
Associate General Counsel
International Brotherhood of Teamsters
25 Louisiana Ave., N.W.
Washington, DC 20001
Teamster Magazine
International Brotherhood of Teamsters
25 Louisiana Ave., N.W.
Washington, DC 20001
James P. Hoffa and Timothy W. Dunn
October 13, 1995
Page 1
RE: Election Office Case Nos. P-140-IBT-PNJ
P-142-IBT-PNJ
Gentlepersons:
Related pre-election protests were filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Officer Election (“Rules”) by James P. Hoffa, a candidate for general president, and Timothy W. Dunn, a member of Local Union 259. The protesters allege that General President Ron Carey used the September 1995 issue of Teamster magazine, a publication funded by the IBT, to promote his candidacy, in violation of the Rules. In addition, Mr. Hoffa alleges Mr. Carey used the August 7, 1995 issue of The Teamster Leader to promote his candidacy in violation of the Rules.
The protests were investigated by Regional Coordinator Peter V. Marks, Sr.
James P. Hoffa and Timothy W. Dunn
October 13, 1995
Page 1
In P-140-IBT-PNJ, Mr. Hoffa cites an article in the September 1995 issue of Teamster entitled “International Union to Pay Strike Benefits of $55 per Week" ("strike fund article"). The article contains a bullet-point listing of financial reforms.[1] Mr. Hoffa contends that this list amounts to prohibited campaigning and the photograph that accompanies the article amounts to “blatant electioneering.” Mr. Hoffa also alleges that an article with the same title in the August 7, 1995 issue of the IBT-funded The Teamster Leader contains an identical bullet-point listing of accomplishments, and therefore amounts to campaigning, in violation of the Rules. Further, Mr. Hoffa alleges an inset box of text entitled "Top Officials Approve Carey Proposal to Reduce Their Own Pensions" accompanying the article in Teamster is a violation of Article VIII of the Rules. Finally, Mr. Hoffa alleges that the publication of these articles are part of a pattern and practice of prohibited campaigning by Mr. Carey, because the publication of virtually the same article and bullet-point listing in several union-financed publications could serve no other purpose than to further Mr. Carey’s campaign.
Mr. Dunn, in P-142-IBT-PNJ, also protests the strike fund article in the September 1995 issue of Teamster. In addition, he alleges that the inset box of text accompanying the article contains inaccurate statements regarding Mr. Carey’s salary and pension, which amount to campaigning in violation of the Rules.[2] Mr. Dunn contends that the statement in the article that Mr. Carey does not receive salaries or benefits from any IBT subordinate body gives the reader the impression that Mr. Carey has voluntarily foregone multiple salaries, pensions and benefits. The protester insists this statement is misleading because the IBT general president is forbidden from collecting multiple salaries, pensions, and benefits by Article V, Section 1(a) of the IBT Constitution.
The IBT responds that it is the responsibility of union officers to inform and educate the members about issues which affect them. According to the IBT, the articles concerning the strike fund and the pension plan proposal were newsworthy and timely. Also, the IBT contends that articles announcing the resumption of strike pay were printed in several IBT-financed publications in order to communicate this important announcement to rank and file members in an inexpensive and timely manner. Because the Teamster is printed monthly, it is not an ideal vehicle for rapid transmission of news and information to the membership if the event giving rise to the coverage does not occur near the time the magazine goes to press. As a result, the strike fund article was printed in other IBT publications that were published in advance of the September 1995 issue of Teamster. These other publications, the Carhaul Contract Bulletin, the Teamsters Freight Bulletin, and The Teamster Leader, are targeted to specific groups of Teamster members and, thus, have significantly smaller circulations than Teamster.[3] A version of the strike fund article was then printed in the September Teamster as a less rapid but more comprehensive method of dissemination in order to reach any members who had not been previously advised of the resumption of strike benefits by other means.
James P. Hoffa and Timothy W. Dunn
October 13, 1995
Page 1
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 publications in question. The Election Officer also considers the context in which a communication is made. Martin, 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, when 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 articles in The Teamster Leader and Teamster announce 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. The condition of the Teamster strike fund has been an issue of intense interest to the membership.
In addition, the Election Officer has consistently held that reporting on the loss of strike benefits does not constitute an attack on Mr. Carey’s candidacy and is an issue of interest to the membership. See Kilmury, P-021-LU230-CAN (August 23, 1995); Ruscigno, P-067-LU20-EOH (July 19, 1995); Jacob, P-068-LU243-EOH (July 26, 1995). Conversely, reporting what factors made the resumption of these benefits possible does not amount to a per se violation of the Rules. While the article is certainly complimentary of Mr. Carey, by citing the financial reforms and crediting those reforms to Mr. Carey and the General Executive Board, it does not support his candidacy in violation of the Rules.
James P. Hoffa and Timothy W. Dunn
October 13, 1995
Page 1
The photograph of Mr. Carey speaking to a Giant Dairy worker that accompanies the article bears a reasonable relationship to the activities reported in the text. According to the photo’s caption, Harry Messer, the dairy worker, talks with Mr. Carey about the importance of negotiating good contracts in the face of automation and new technology. In the body of the article, local unions are encouraged to use IBT resources to negotiate good contracts so that members will be less likely to have to resort to strikes. The photograph, therefore, does not amount to "electioneering," in violation of the Rules.
Mr. Hoffa further alleges that the strike fund article is part of a pattern and practice of Mr. Carey’s to campaign in violation of the Rules. Mr. Hoffa raised similar allegations in
P-022-IBT-PNJ, P-106-IBT-PNJ, P-126-IBT-EOH and P-127-IBT-EOH.[4] In those decisions, 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.
The publication of essentially identical articles in several different IBT publications does not, in itself, violate the Rules. These multiple appearances of information on the resumption of strike benefits constitute a reasonable attempt by the IBT to get important information to the entire membership in as timely and as comprehensive a fashion as possible. The exhaustion of the strike fund was national news, and received extensive coverage in local union and joint council publications. Given this level of interest, the means employed by the IBT to inform the membership through its various publications does not violate the Rules.
Both protesters also alleged Rules violations in the three-paragraph article appearing in an inset box on page 4 of the September 1995 issue of Teamster. The article reports the endorsement by the General Executive Board of a proposal to change the International Union’s pension plan for officers and staff. According to the article, the new pension plan would include pension cuts for Mr. Carey and Mr. Sever and subsequent holders of their respective offices. Again, the issues and events reported in the article financially affect the membership. Reporting such events is a function of the general president. As a result, the article does not violate the Rules.
Mr. Dunn’s contention that the article contained misleading factual inaccuracies, even if true, does not state a violation of the Rules. It is not the role of the Election Officer to correct inaccuracies in a union-financed publication unless the communication constitutes campaigning. As noted above, the content of the article does not violate the Rules.
Based upon the foregoing, the protest is DENIED.
James P. Hoffa and Timothy W. Dunn
October 13, 1995
Page 1
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 & 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
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]Mr. Dunn filed his allegations as an amendment to P-104-IBT-SCE, a decision for which the Election Officer issued her decision on August 23, 1995.
[3]The Teamster Freight Bulletin is sent to members who are covered by the National Master Freight Agreement. The Carhaul Contract Bulletin is sent to members who are covered by the National Master Carhaul Agreement. The Teamster Leader goes to all members of local union executive boards and shop stewards and to members who have requested it.
[4]P-022-IBT-PNJ and P-106-IBT-PNJ were consolidated with other protests which included similar issues. The allegations contained in them were dealt with in Martin, supra.
P-126-IBT-EOH and P-127-IBT-EOH were also consolidated and their allegations were dealt with in Hoffa, P-126-IBT-EOH (October 4, 1995)