February 7, 1996
VIA UPS OVERNIGHT
Ronnie L. Green, President
Teamsters Local Union 512
1210 Lane Avenue, North
Jacksonville, FL 32254
Lester A. Singer, President
Teamsters Local Union 20
435 S. Hawley Street
Toledo, OH 43609
Re: Election Office Case No. P-320-LU20-SEC
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Delegate and Officer Election ("Rules") by Ronnie L. Greene, president of Local Union 512, against Lester A. Singer, president of Local Union 20. The protester alleges that the charged party wore campaign material while attending a meeting of the Central Southern Joint Conference Automobile Transporters Grievance Committee ("CSJAC"), in violation of the "Advisory on Wearing of Campaign Buttons and Other Emblems ("Advisory") issued by the Election Officer on September 20, 1995.
Mr. Singer admits that he wore a "Hoffa 96" button, while attending a CSJAC meeting from January 8-10, 1996. He contends, however, that he did not violate the Advisory or the Rules because he did not represent the union at the meeting or participate in any way, but merely observed the proceedings.
The protest was investigated by Adjunct Regional Coordinator Maureen Geraghty.
Ronnie L. Green
February 7, 1996
Page 1
Under Article VIII, Section 11(b) of the Rules, union officers "retain the right to participate in campaign activities, including the right . . . to openly support or oppose any candidate [and] to aid or campaign for any candidate." While the provision prohibits officers from campaigning on union time, it allows "campaigning incidental to regular Union business," as well as "campaigning during paid vacation, paid lunch hours or breaks, or similar paid time off."
The Advisory was issued by the Election Officer on September 20, 1995. It states that the Rules protect the right of IBT members, including union officers and employees, "to wear campaign emblems on buttons, t-shirts or hats while working." (Citations omitted.) In regard to union officers, the Advisory specifies as follows:
[T]hey may not wear such [campaign] emblems when representing the Union before or with an unrelated third party. Thus, Union officers, business agents and employees may not wear campaign emblems when meeting with an employer of IBT members for collective bargaining or grievance resolution, when participating either as an advocate, witness or panel member in grievance hearings . . . when making public appearances on behalf of the Union, or when engaged in similar type activities where the wearing of a campaign emblem might inappropriately suggest that the Union with which the officer . . . is affiliated, is an entity supporting or opposing any particular candidate or group of candidates.
The CSJAC meets on a quarterly basis to hear grievances which arise under the National Masters Automobile Transporters Agreement and the Central and Southern Conference Areas Supplemental Agreements ("contract"). The committee, which consists of an equal number of union and management representatives, met on January 8-10, 1996, in Miami, Florida.
Mr. Greene is co-chairperson of the CSJAC.
Under the committee's rules of procedure, actual grievances are heard by various subcommittees or panels which are generally made up of CSJAC members, with labor and management equally represented on each panel. Occasionally, a union vacancy occurs when a panel member cannot be present due to other pressing union business. In that situation, one of the co-chairpersons will appoint a union representative from those in attendance at the meeting to serve on that particular subcommittee.
Ronnie L. Green
February 7, 1996
Page 1
The charged party, in addition to his position at Local Union 20, is president of the Ohio Conference of Teamsters ("Ohio Conference") and Joint Council 44. Mr. Singer states that as Ohio Conference president, he has traditionally designated a representative to serve as a member of the CSJAC. Under the previous contract,[1] his designee was Paul Toney, a business agent from Local Union 20 who represents car-hauler members. According to Mr. Singer, he went to the CSJAC meeting in Miami to see if he could get Mr. Toney reappointed to the committee and to insure that the interests of the Ohio Conference and Joint Council 44 were adequately repre-sented at the meeting. Both Mr. Singer and Mr. Toney attended the three-day meeting at local union expense.
Mr. Singer also states he attended the CSJAC meeting to offer to serve as a subcommittee member if a vacancy became available; and to observe the grievance process in order to learn how the committee would interpret various provisions in the newly ratified contract. Mr. Singer was not appointed to a subcommittee. He observed the presentation of various grievances but did not participate in the meetings. There were no grievances before the CSJAC filed by members of Local Union 20 or the Ohio Conference.
Mr. Singer wore his "Hoffa 96" button for the duration of the three-day CSJAC meeting. Mr. Singer knew at least three management representatives through past dealings as president of Local Union 20. He discussed Mr. Hoffa's candidacy informally with other union representatives during the meeting.
Ronnie L. Green
February 7, 1996
Page 1
The charged party states that his main purpose in attending the CSJAC meeting was to lobby for Mr. Toney's appointment to the committee. In this endeavor, as well as his other stated reasons for going to the meeting, Mr. Singer clearly was acting in his official capacity as president of Local Union 20, the Ohio Conference and Joint Council 44. In fact, Mr. Singer asserts that it was entirely proper for the local union to finance his trip as Local Union 20 represents car haulers and the grievances filed under the new contract were of interest to these members.
Mr. Singer contends that he was entitled to wear his campaign button because he did not serve on a panel and played no role in any grievance hearing. While it is true that Mr. Singer did not actively participate in the grievance process, this does not negate the fact that he attended the CSJAC meeting as a union representative of Local Union 20, the Ohio Conference and Joint Council 44. In the view of the Election Officer, by wearing the button, Mr. Singer "might inappropriately suggest" to the employers present at the meeting that these entities are supporting the candidacy of Mr. Hoffa for general president, in violation of Article VIII, Section 11(b) of the Rules.
For the foregoing reasons, the protest is GRANTED.
When the Election Officer determines that the Rules have been violated, she "may take whatever remedial action is appropriate," including "requiring immediate compliance with the Rules, or any portion thereof."
Ronnie L. Green
February 7, 1996
Page 1
The Election Officer orders Mr. Singer to immediately cease and desist from wearing campaign buttons, or any campaign emblems, at any and all future meetings at which he represents Local Union 20, the Ohio Conference or Joint Council 44 before or with an unrelated third party. Such meetings include any meetings with employers of IBT members for collective bargaining or grievance resolution or appearing on behalf of the union before legislative, administrative or judicial tribunals, and when making public appearances on behalf of the union.
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
Maureen Geraghty, Regional Coordinator
[1]The January 1996 meeting was the first time the CSJAC had met since the union and employers signed the new contract.