February 26, 1996
VIA UPS OVERNIGHT
James P. Hoffa & Earl Parker
February 26, 1996
Page 1
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Earl Parker
129 Fletcher Ford Road
Fayetteville, GA 30215
Donald S. Scott, President
Teamsters Local Union 728
2540 Lakewood Avenue, S.W.
Atlanta, GA 30315
Doug Mims
Teamsters Local Union 728
2540 Lakewood Avenue, S.W.
Atlanta, GA 30315
Teamsters for a Democratic Union
7437 Michigan Avenue
Detroit, MI 48210
Paul A. Levy
Public Citizen Litigation Group
1600 20th Street, N.W.
Washington, DC 20009
James P. Hoffa & Earl Parker
February 26, 1996
Page 1
Re: Election Office Case Nos. P-313-LU728-SEC
P-385-LU728-SEC
CORRECTED
Gentlemen:
James P. Hoffa, candidate for general president, filed a protest pursuant to
Article XIV, Section 2(b) of the Rules for the IBT 1995-1996 International Union Delegate and Officer Election (“Rules”) docketed as P-313-LU728-SEC. Earl Parker, a member of Local Union 728, filed a protest docketed as P-385-LU728-SEC. Both protesters allege that Local Union 728 officers Don Scott and Doug Mims made prohibited contributions and discriminated against Mr. Hoffa’s candidacy by making available in the Local Union 278 union hall the Convoy Dispatch, the newspaper of the Teamsters for a Democratic Union (“TDU”), while refusing to make available any other campaign literature. The protesters assert that the Convoy Dispatch cannot be distributed by the local union because it attacks
James P. Hoffa & Earl Parker
February 26, 1996
Page 1
Mr. Hoffa’s candidacy and supports the candidacy of General President Ron Carey. The protesters also file their protests against TDU as an alleged “alterego [sic] of the Carey campaign.” Mr. Parker states that he has asked Mr. Scott to place campaign literature in the hall on several occasions and that Mr. Scott has repeatedly denied the request.
Because the protests involve similar facts and legal issues, the Election Officer has consolidated them for decision.
Local Union 728 President responds to Mr. Hoffa’s protest by stating that the protest is untimely. As to the merits of both protests, he responds that the local union does not allow any campaign literature in the union hall and while he admits that the local union distributes approximately 10 copies of the Convoy Dispatch each month, he does not consider the paper to be campaign literature. Mr. Scott disputes that Mr. Parker ever asked him to place literature in the hall although he concedes that Mr. Parker has objected to the Convoy Dispatch on several occasions.
TDU also asserts that Mr. Hoffa’s protest is untimely. As to the merits, TDU contends that it has not violated the Rules because it does not publish the Convoy Dispatch with union funds, but with funds from sources permitted under the Rules.
These protests were investigated by Regional Coordinator Bruce Boyens and Adjunct Regional Coordinator Maureen Geraghty.
The Rules, at Article XIV, Section 2(b), state, "Except as otherwise provided . . . all preelection protests . . . must be filed within two (2) working days of the day the protester becomes aware or reasonably should have become aware of the action protested or such protests shall be waived."
The requirement to promptly file protests is an important part of the election process. The short time limits were designed to ensure that alleged violations of the Rules would be quickly brought to the attention of the Election Officer in order to afford the greatest opportunity for applying an effective remedy in the event a violation is found. Nevertheless, the Election Officer has not treated time limits as an absolute jurisdictional requirement, but rather as a prudential restriction. Wsol, P-095-IBT-CHI (September 20, 1995), aff’d, 95 - Elec. App. - 17 (KC) (October 10, 1995). “Regardless of whether a protest has been filed, timely or not, the Election Officer is empowered to remedy misconduct that may frustrate the Consent Decree’s goals.” Ford, 95 - Elec. App. - 45 (KC) (supplemental decision)
(January 19, 1996). Because the issue of whether the Convoy Dispatch is campaign literature is likely to recur and the local union admits it distributes the publication each month, the Election Officer will decide this case on the merits.
Article VIII, Section 5(a)(4) reads:
A Local Union shall not discriminate or permit discrimination in favor or against any candidate in conjunction with its meetings or otherwise. This requirement shall apply not only to formal
James P. Hoffa & Earl Parker
February 26, 1996
Page 1
presentations by or on behalf of candidates but also to informal campaign activities, such as . . . literature distribution tables, etc.
The facts in these protests are largely undisputed. The local union admits it placed copies of the Convoy Dispatch on the table in the entrance area of the local union hall each month. During the investigation, the four most recent issues of the Convoy Dispatch--February 1996, December 1995/January 1996, October/November 1995, September 1995-- were reviewed. That review indicated that there were several articles in each of these issues that support the candidacy of Ron Carey and his slate and oppose the candidacy of Mr. Hoffa and his allies.
The evidence shows that the local union was well aware of Mr. Parker’s concern regarding the availability of the Convoy Dispatch on the table in the union hall. Nonetheless, they failed to offer or permit literature for Mr. Hoffa, claiming the Convoy Dispatch was not campaign literature. Since this was clearly erroneous, the local union violated the Rules by discriminating in favor of Mr. Carey and his slate.
The protesters submitted no evidence supporting their protest against TDU.
The protests against Local Union 728 are GRANTED and the protests are DENIED in all other respects.
As a remedy for the violation here, the Election Officer directs Local Union 728, within seven (7) days of this decision, to notify Mr. Hoffa and C. Sam Theodus by duplicating the notice below and, upon timely request, to make available for distribution in the local union hall where it has made available the Convoy Dispatch, campaign literature on behalf of either opponent of Mr. Carey. See Halberg, P-089-LU174-PNW (September 7, 1995).
The notices shall be mailed to Mr. Hoffa and Mr. Theodus by first-class mail.
Mr. Hoffa and Mr. Theodus shall have two weeks from the date each receives the notice to provide 30 copies of campaign literature to Local Union 728. The Election Officer further directs Local Union 728 to make available for distribution the literature received in response to the notice by placing such literature in the union hall in the same area where the Convoy Dispatch is available.
Within two (2) days of mailing the notice, the principal officer of Local Union shall file an affidavit with the Election Officer demonstrating that notice consistent with this directive has been sent and that it intends to fully comply with the order of the Election Officer.
Beyond complying with the above order, if Local Union 728 permits such literature distribution in the future, it has an ongoing obligation to make such campaign literature available in a non-discriminatory manner during the 1996 delegate and International officer election process.
James P. Hoffa & Earl Parker
February 26, 1996
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
Bruce Boyens, Regional Coordinator
Maureen Geraghty, Adjunct Regional Coordinator
NOTICE TO JAMES P. HOFFA
AND C. SAM THEODUS
The Rules for the 1995-1996 IBT International Union Delegate and Officer Election prohibit local unions from discriminating or permitting discrimination against any candidate for office in the 1995-1996 International Union delegate and officer elections in connection with distribution of campaign literature.
Local Union 728 has violated this provision by making available in its local union hall campaign literature supporting the candidacy of Ron Carey and his slate and attacking the candidacy of James Hoffa and his allies. Local Union 728 will make available literature on your behalf on the table in the local union hall. If you request such distribution, please provide within 14 days to the undersigned 30 copies of campaign literature.
_____________________
Donald S. Scott, President
Local Union 728
Approved by Barbara Zack Quindel, IBT Election Officer.