Protest Decisions

December 5, 1996

VIA UPS OVERNIGHT

James P. Hoffa

December 5, 1996

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

Diana Kilmury, Vice President

International Brotherhood of Teamsters

2612 E. 47th Avenue

Vancouver, British Columbia

Canada V5S 1C1

John J. Sullivan

Associate General Counsel

International Brotherhood of Teamsters

25 Louisiana Avenue, N.W.

Washington, DC 20001

Eddie Kornegay, Trustee

Teamsters Local Union 743

300 S. Ashland Avenue

Chicago, IL 60607

Richard Nelson, President

Teamsters Local Union 886

3528 West Reno

Oklahoma City, OK 73107

Lorelei Anderson

Teamsters Local Union 705

1645 W. Jackson Boulevard

Chicago, IL 60612

Tom Leedham

Warehouse Director

International Brotherhood of Teamsters

25 Louisiana Avenue, N.W.

Washington, DC 20001

Sergio Lopez, Secretary-Treasurer

Teamsters Local Union 912

163 W. Lake Avenue

Watsonville, CA 95076

Bill Urman, Vice President

International Brotherhood of Teamsters

3001 University Avenue, S.E.

Minneapolis, MN 55414

Doug Mims, Vice President

International Brotherhood of Teamsters

510 Plaza Drive, Suite 2280

Atlanta, GA 30349

John Riojas, Vice President

International Brotherhood of Teamsters

25 Louisiana Avenue, N.W.

Washington, DC 20001

James P. Hoffa

December 5, 1996

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James P. Hoffa

December 5, 1996

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Jim Benson, Vice President

International Brotherhood of Teamsters

4444 W. Northern Avenue

Suite A-2

Glendale, AZ 85301

Ken Margolies

Education Department

International Brotherhood of Teamsters

25 Louisiana Avenue, N.W.

Washington, DC 20001

Eddie Burke

Office of the General President

International Brotherhood of Teamsters

25 Louisiana Avenue, N.W.

Washington, DC 20001

Rick Blaylock

Office of the General President

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

Nancy Stella

Communications Department

International Brotherhood of Teamsters

25 Louisiana Avenue, N.W.

Washington, DC 20001

Susan Davis

Cohen, Weiss & Simon

330 W. 42nd Street

New York, NY 10036

James P. Hoffa

December 5, 1996

Page 1

Re: Election Office Case Nos. P-203-IBT-SCE

                    P-234-IBT-SCE

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, a candidate for general president.  In P-203-IBT-SCE, Mr. Hoffa contends that General President Ron Carey and International Vice President Diana Kilmury used union resources, specifically, air fare, chartered plane, hotel, union auto, staff, photographer, union time, etc., to attend a Teamsters for a Democratic Union (“TDU”) convention.  Mr. Hoffa further contends that the TDU Conference constituted a “Carey Rally to promote their candidacy.”[1]   In P-234-IBT-SCE, Mr. Hoffa makes the same contention regarding members of the Ron Carey slate and IBT staff that he alleges attended the TDU convention, specifically:  Carey slate candidates Eddie Kornegay, Richard Nelson, Lorelei Anderson, Tom Leedham, Tom Gilmartin,

James P. Hoffa

December 5, 1996

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Sergio Lopez, Bill Urman, Doug Mims, Jim Benson and John Riojas and IBT staff members

Ken Margolies, Eddie Burke, Matt Witt, Nancy Stella and Rickey Blaylock.

In response, the IBT does not deny that Mr. Carey, Ms. Kilmury, Mr. Urman, Mr. Riojas, Mr. Leedham, Mr. Gilmartin, Mr. Benson, Mr. Mims, Mr. Kornegay, Mr. Nelson, Ms. Anderson, and Mr. Lopez attended the TDU convention in St. Louis, Missouri, but contends that all of the travel and other expenses were paid by the candidates personally or by their respective campaigns.  In addition, the IBT asserts that none of these candidates were on IBT-paid time in connection with their appearance at the convention. As to those candidates who are currently International vice presidents, the IBT takes the following position as to the use of IBT time:

An elected International Vice President is provided a salary and benefits as set forth in the International Constitution.  International Vice Presidents serve as members of the General Executive Board and perform additional functions as directed by the General President.  Many of these Vice Presidents work “full time”, i.e., thirty-five or more hours a week, on assignments from the General President and in representing the membership of the union.  Other Vice Presidents are full-time staff employees of the International Union and have waived the salary and benefits to which they are entitled as International Officers in return for a salary and benefit package which corresponds to their staff position with the International.[2]

James P. Hoffa

December 5, 1996

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Both the Vice Presidents who serve exclusively as officers of the International and Vice Presidents who are employed by the International in specific staff positions, work long hours on behalf of the union and its members.  The only distinction between the two is that Vice Presidents who are employed in staff positions by the International fall under the International’s leave policy.  Such Vice Presidents, like other senior staff of the International, must account for their time on a daily basis.  They also accrue vacation, holiday, personal leave and sick leave.  Vice Presidents serving exclusively as officers do not have to account for their time on a daily basis, even though they customarily perform services on behalf of the union and its members on a daily basis.  These officers do not accrue leave.  Once they have completed an assignment, or it they are between assignments, their time is their own.  As an International vice president, Ms. Kilmury is required to conduct IBT business by attending the quarterly meetings of the General Executive Board (See Article IX, Section 1,5 of the IBT Constitution) or as authorized by the general president to assume additional duties (See Article V, Section 1(a) of the IBT Constitution).

Regarding IBT staff members who are not elected officers or members of the Carey slate, the IBT contends Mr. Burke, Mr. Margolies, Mr. Witt and Ms. Stella did not attend the TDU convention.  Mr. Blaylock, who is a full-time IBT employee assigned to provide personal security for Mr. Carey, accompanied Mr. Carey to the TDU convention on union-paid time and at IBT expense.  The IBT contends that Mr. Carey’s protection at all times is for a legitimate purpose unrelated to the election and these expenditures therefore are not in violation of the Rules.

Because these protests raise the same factual and legal issues, they were consolidated by the Election Officer.  These protests were investigated by Regional Coordinator Bruce Boyens.

The TDU held its “Rank and File Convention” (“convention”)  in St. Louis, Missouri on October 13-15, 1995.  On Friday, October 13, a “Dinner Program” was chaired by Ms. Kilmury.  The speakers on the program included Mr. Carey and Mr. Lopez (listed on the program as “Candidate for IBT Trustee”).  On Saturday, October 14, 1995, Richard Nelson (listed on the program as “Candidate for International Vice President”) spoke at the morning general session; Lorelei Anderson (listed on the program as “Candidate for International Vice President”) was a speaker at the afternoon general session; there was a reception with members of the Ron Carey slate; and there was a banquet at which Eddie Kornegay was a speaker (listed on the program as “Candidate for International Vice President”).  At the closing session Mr. Leedham  (listed on the program as “Candidate for International Vice President”) and Ms. Kilmury were speakers.  In addition, the program indicates that several of the candidates on the Ron Carey slate were presenters or panelists in workshops at the convention.  There is no dispute that campaign activity on behalf of the Carey slate occurred at the convention.  Mr. Carey and Ms. Kilmury both admit they engaged in campaigning and gave campaign speeches at the convention.

The Rules, at Article VIII, Section 11(c), strictly prohibit the use of union resources in campaigning.  The Rules otherwise permit campaigning by any member of the IBT if there is no utilization of union resources and the member is not campaigning during his or her work hours. 

When a protester has provided evidence that campaigning has occurred, the Election Officer then seeks information on the use of union funds for relevant expenditures.  In these protests, each of the charged parties provided receipts, affidavits, and where applicable, time records to indicate either no union funds were utilized or the expenditures were legitimate.  In addition, the IBT provided affidavits from Mr. Burke, Mr. Margolies, Mr. Witt and Ms. Stella that they did not attend the TDU convention.

James P. Hoffa

December 5, 1996

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Based upon the documents submitted as part of the Election Officer’s investigation, the Election Officer finds that the charged parties, with the limited exceptions addressed below did not utilize union funds for travel, lodging or other expenses to attend the convention and did not attend the convention on union-paid time.  Thus, any campaigning at the convention engaged in by Mr. Carey, Ms. Kilmury, Mr. Urman, Mr. Riojas, Mr. Kornegay, Mr. Anderson, and

Ms. Anderson was not in violation of the Rules.

Mr. Leedham is the IBT’s Director of the Warehouse Division.  The documentation provided during the investigation by Mr. Leedham indicates that he flew from his home in Portland, Oregon to attend the convention in St. Louis on October 13.  He took vacation time on that day and paid his flight expenses.  On Monday, October 16, he flew from St. Louis to Washington, D.C., where he had official IBT business to conduct.  The IBT paid for the airline ticket from St. Louis to Washington, D.C. in keeping with its policy of paying for union-business-related travel.  Mr. Leedham contends that if he had traveled directly from Portland, Oregon to Washington, D.C. for IBT business on October 16, the IBT would have paid for that travel.    The Election Officer agrees that Mr. Leedham’s IBT-paid travel from St. Louis to Washington, D.C. on October 16, 1995 was for union business unrelated to campaigning, and therefore was not in violation of the Rules.

The remaining issue concerning the use of union funds for campaigning involves the attendance of Mr. Blaylock, who is a full-time IBT employee assigned to perform security functions.  There is no dispute that Mr. Blaylock accompanied Mr. Carey to the convention on union-paid time and at IBT expense.  There is no evidence that Mr. Blaylock himself engaged in campaign activity at the TDU convention.

The evidence indicates that Mr. Carey is provided IBT-paid security at public functions of any kind.  Even when Mr. Carey is engaged in campaign activity, he does not shed his role as general president.  So long as Mr. Blaylock does not assist in the campaigning engaged in by

Mr. Carey or other candidates, providing security for the general president is a legitimate union function unrelated to the election.  The use of union funds, therefore, to pay Mr. Blaylock’s expenses for travel to and attendance at the convention is not a violation of Article VIII,

Section 11(c) of the Rules.

Mr. Hoffa also argues that it was a violation of the Rules for Mr. Carey and the various incumbent International vice presidents to attend the convention in their official capacity as IBT international officers for the purpose of campaigning against Mr. Hoffa’s candidacy.   While it is certainly true that Mr. Carey and the International vice presidents who attended the convention, while campaigning for reelection, enjoy the advantages of their incumbent International officer positions, it is not a violation of the Rules for their appearances to list their positions or for them to be introduced while campaigning as the general president or an International vice president.

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

James P. Hoffa

December 5, 1996

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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, 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

Regional Coordinators