Protest Decisions

December 15, 1995

VIA UPS OVERNIGHT

James P. Hoffa

December 15, 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, D.C. 20001

Executive Board

Teamsters Canada

2540 Daniel Johnson, Suite 804

Laval, Quebec H7T 2S3

Charles Thibault, Vice President

International Brotherhood of Teamsters

1194 Matheson Boulevard, E.

Mississauga, Ontario L4W 1Y2

Susan Davis

Cohen, Weiss & Simon

330 W. 42nd Street

New York, NY 10036

James P. Hoffa

December 15, 1995

Page 1

Re:  Election Office Case No. P-211-IBT-CAN

                                                        CORRECTED

Gentlepersons:

A pre-election protest was 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, candidate for general president.  The protester alleges that International Vice President and Teamsters Canada[1] Vice President Charles Thibault,[2] Teamsters Canada, and Joint Council 52 used union funds to produce and distribute two flyers supporting Mr. Carey’s campaign for reelection to general president.  The protester alleges that in one of the flyers, entitled “The Future Is In Your Hands,” Teamsters Canada made a prohibited endorsement of Mr. Carey’s candidacy.  The protester also alleges that in the other flyer, entitled “The Teamsters Canada Constitutional Amendment,” Teamsters Canada used a slogan of the Carey campaign, in violation of the Rules.

James P. Hoffa

December 15, 1995

Page 1

Mr. Thibault responds that the flyer entitled “The Future Is In Your Hands” was not produced or distributed with union funds and that the flyer entitled “The Teamsters Canada Constitutional Amendment” was produced by Joint Council 52 but was “non-political.”  

The protest was investigated by Regional Coordinator Gwen K. Randall.

The front of the flyer entitled “The Future is in Your Hands” also states, in bold letters the same size as its heading, “Teamsters Canada Supports Ron Carey,” and lists underneath some of the members of Mr. Carey’s slate.  The back of the document is a letter to members from Mr. Thibault explaining that the reason “we [are] supporting Ron Carey” is that

Mr. Carey favors permitting Teamsters Canada to be “a separate and distinct entity operating its own affairs” with control over its finances, strike fund, and other matters.

“The Future is in Your Hands” was produced by an employee of Joint Council 52 on his own time and on his own computer.  It was distributed to Joint Council 52 delegates invited to remain after a Joint Council 52 meeting on or about October 4, 1995.  Attendance at the meeting was voluntary and some delegates chose not to attend.  A separate bill was invoiced for the meeting held after the Joint Council 52 meeting, and was paid with voluntary contributions by persons attending the later meeting.  The document was also distributed after the completion of business at craft meetings in Windsor and Talbotville, Ontario by leaving copies at the front of the meeting room to be picked up by those in attendance at the particular meeting.

The protester objects to the flyer because it contains an endorsement of Mr. Carey by Teamsters Canada.  All IBT members, including officers and employees, if members, have the right to participate in the 1995-96 IBT delegate and International officer election, and to support or oppose any candidate. Article VIII, Section 11(a).  However, the Rules prohibit the use of union resources to assist in campaigning on behalf of a candidate.  Article XII, Section 1(b)(1).  An endorsement by a subordinate union body constitutes the use of union resources to assist a candidate’s campaign.  Rules, Definitions, 5(f), p. ix.  Thus, Article VIII, Section 11(b) provides:

An endorsement of a candidate may be made by a Union officer or employee, but solely in his/her capacity.  The Union or a Local Union as such or the General Executive Board or an Executive Board of a Local Union as such may not endorse or otherwise advance a candidacy, even if all members agree on the endorsement or candidacy.

The Election Officer has consistently prohibited a union entity, as an entity, from endorsing a candidate or slate of candidates or from making an endorsement.  The entity must be distinguished from individual members.  For example, the individual members of a local union executive board may endorse a candidate.  See George, P-1103-LU639-MID

James P. Hoffa

December 15, 1995

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(November 25, 1991) (permitting “[t]he members of Teamsters Local 639's Executive Board have unanimously endorsed the R.V. Durham Unity Team”).  However, the executive board acting as the executive board may not endorse a candidate.  See Custer, Case No. P-1098-LU673-CHI (November 18, 1991) (prohibiting “Teamsters Local 673's Executive Board unanimously endorses the Shea-Ligurotis Action Team”).

              There can be no question that the flyer proclaiming “Teamsters Canada Supports

Ron Carey for General President” is an endorsement by Teamsters Canada of Mr. Carey’s campaign and thus, a violation of Article VIII, Section 11(b) of the Rules.

The other flyer is headed with the words “The Teamsters Canada Constitutional Amendment.”  Mr. Thibault advises that this flyer was produced by Joint Council 52 and distributed at a Joint Council 52 meeting during the past fall.   The flyer bears the slogans, “Preserving Our Proud Canadian Heritage,” “Keeping the Canadian Teamsters Proudly Canadian,” and “Support the Amendment at the International Brotherhood of Teamsters Convention in Philadelphia in June of 1996.”  The flyer prominently features in its center the words, “Teamsters Canada.”  Below “Teamsters Canada, ” the flyer includes a Teamsters logo superimposed on a maple leaf.  Inside of the Teamsters logo is the slogan “Putting Members First.”

The protester claims that the flyer violates the Rules because it uses the slogan “Putting Members First,” which the protester states is the slogan of the Carey-Thibault slate.  In Lopez, P-242-LU743-SCE (December 19, 1995) the Election Officer found that the use of the phrase “Putting Members First” on Local Union 743 publications constitutes an endorse-ment of Mr. Carey and his slate by the Local Union.  The Election Officer recognizes that “Putting Members First” appears on the Carey slate’s campaign letterhead and on the Carey slate campaign stickers.  Although the type is small, the Election Officer finds this flyer nevertheless connects Teamsters Canada, an IBT subordinate body, with the slogan of the Carey slate’s campaign. Therefore, by its use, Teamsters Canada has advanced the Carey slate, in violation of Article VIII, Section 11(b).

Based on the foregoing, the protest is GRANTED.

When the Election Officer determines that the Rules have been violated, she “may take whatever remedial action is appropriate.”  Article XIV, Section 4.  In fashioning the appro-priate remedy, the Election Officer looks to such factors as the nature and seriousness of the violation, the violation’s potential for interfering with the election process, and which remedy will best protect the rights of members to a free and fair election.              

              This flyer was produced by Joint Council 52 using union funds.  The costs of writing, producing and distributing the leaflet, based upon the evidence submitted, is estimated to be $25.00.  Within seven (7) days of the date of this decision, the campaign for the Ron Carey slate is ordered to reimburse Joint Council 52 in this amount.

James P. Hoffa

December 15, 1995

Page 1

The Election Officer finds that in order to remedy the Teamsters Canada endorsement in “The Future is in Your Hands” flyer, a retraction of the endorsement is required.  See In Re: Gebow, 91 - Elec. App. - 212 (SA) (October 28, 1991), modifying Case No. P-963-LU677-ENG (October 14, 1991) (ordering a clear retraction of the endorsement).  The Election Officer therefore orders Teamsters Canada, within seven (7) days of this decision, to duplicate and post the “Notice to Teamsters from Teamsters Canada” attached to this decision, which includes a retraction of the endorsement at all bulletin boards in the Teamsters Canada

James P. Hoffa

December 15, 1995

Page 1

office, the Joint Council 52 office, and all local unions within Joint Council 52 for 30 consecutive days.

The Election Officer recognizes that the use of the phrase “Putting Members First” on “The Teamsters Canada Constitutional Amendment” was minimal.  As in Lopez, supra, the Election Officer finds a prospective remedy only is appropriate.  The Election Officer hereby orders Mr. Thibault, Teamsters Canada and Joint Council 52 to immediately cease and desist from using the words “Putting Members First” on any and all Teamsters Canada or Joint Council 52 communications and publications.

Within two (2) days of posting the notice and reimbursement of Joint Council 52, as ordered, Mr. Thibault shall submit an affidavit affirming that the notice was posted.

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, 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

Gwen K. Randall, Regional Coordinator

              NOTICE TO ALL TEAMSTERS

              FROM

              TEAMSTERS CANADA

AND JOINT COUNCIL 52

All IBT members have the right to support and cast their secret-mail ballot on behalf of candidates of their own choosing for International Office in the IBT elections.  However, neither a local union, joint council, or other subordinate body nor the International union may, as an entity, endorse any candidate or slate of candidates for International office in the IBT elections.

A notice was previously distributed which may have led you to believe that Teamsters Canada has endorsed the candidacy of Ron Carey and his slate of candidates for International Office in the IBT.  Neither Teamsters Canada nor Joint Council 52 endorses any candidate or slate of candidates for International office in the IBT.  Any prior such endorsement by Teamsters Canada and/or Joint Council 52 is hereby rescinded.

                            Charles Thibault

Vice President, Teamsters Canada

President, Joint Council 52

This is an official notice which must remain posted for 30 consecutive days and must not be defaced or altered in any manner or be covered with any other material.

Approved by Barbara Zack Quindel, IBT Election Officer.