April 2, 1996
VIA UPS OVERNIGHT
Diana Kilmury
April 2, 1996
Page 1
Diana Kilmury, Vice President
International Brotherhood of Teamsters
2612 E. 47th Avenue
Vancouver, BC V5S 1C1
Garnet Zimmerman, President
Teamsters Local Union 31
#1 Grosvenor Square
Annacis Island
Delta, BC V3M 5S1
Dave Cooper, Trustee
Teamsters Local Union 31
#1 Grosvenor Square
Annacis Island
Delta, BC V3M 5S1
Gray Line Bus Lines
255 E. First Avenue
Vancouver, BC V5T 1A8
Diana Kilmury
April 2, 1996
Page 1
Re: Election Office Case No. P-542-LU31-CAN
Gentlepersons:
A pre-election protest was filed with the Election Officer pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by Diana Kilmury, a candidate for International vice president. Ms. Kilmury alleges that Garnet Zimmerman, a candidate for International vice president, Local Union 31 Trustee Dave Cooper and unidentified others used a bus provided by an IBT employer to transport union members to a rally for James P. Hoffa, a candidate for general president. The protester states that the bus was retained at below-market-value rates and therefore was a prohibited campaign contribution to Mr. Hoffa’s and Mr. Zimmerman’s candidacies, in violation of Article XII, Section 1(a) and 1(b)(1) of the Rules.
In response, Mr. Cooper states that the bus was provided by the bus service for his use at a rate consistent with that charged to all company employees and did not violate any provision of the Rules.
This protest was investigated by Regional Coordinator Gwen Randall.
Diana Kilmury
April 2, 1996
Page 1
On January 20, 1996, a bus was chartered by Mr. Cooper from Gray Line of Vancouver (“Gray Line”), an IBT employer. Mr. Cooper, a Gray Line employee, chartered the bus for the purpose of transporting Local Union 31 members from Vancouver to Seattle, Washington, and back to attend a campaign rally for Mr. Hoffa.
The Election Officer examined an invoice for the bus charter submitted by Mr. Cooper as well as invoices from other Gray Line charter transactions. According to the invoice,
Mr. Cooper was charged $35 per hour to use the bus. The charge was based upon a special Gray Line employee discount rate multiplied by 6.5 hours (estimated hours for the charter), plus tax. Mr. Cooper was charged only for the hours the bus was in use, for the hours during which the bus was not in motion. The lower rate also was based on the fact that Gray Line did not supply a bus driver for the trip because as an employee, Mr Cooper operated the bus. Mr. Cooper paid the bill of $250.01 with a personal check.
Article XII, Sections 1(a) and 1(b)(1) of the Rules prohibit an employer from making any campaign contributions to the campaign of a candidate for delegate or International office. The Rules broadly define “campaign contributions” to include “any direct or indirect contribution of money or other thing of value where the purpose, object or foreseeable effect of that contribution is to influence the election of a candidate.” Rules, Definitions, 5. As stated in the Election Officer’s Advisory on Campaign Contributions and Disclosure, such contributions can include any goods, compensated services or any material things of value. The Rules also define campaign contributions to include discounts in the price or cost of goods. Definitions, 5(c). However, a “discount provided to an employee by an employer on its products/services which are subsequently given by the employee to a candidate or campaign committee is not an improper campaign contribution from the employer to the candidate.” Advisory at 4.
Here, the Election Officer finds that Gray Line is an “employer” as defined by the Rules. Definitions, 17. Further, the Election Officer’s investigation finds that in chartering the bus that subsequently transported IBT members to a Hoffa rally, Mr. Cooper utilized an employee discount provided by Gray Line. Invoices provided by Peter Knightley, operations manager at Gray Line, demonstrate that discounts have been made to other Gray Line employees on identical terms as those given to Mr. Cooper. Thus, the Election Officer finds there was no employer contribution, in violation of the Rules.
In consideration of these findings, Ms. Kilmury’s 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 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:
Diana Kilmury
April 2, 1996
Page 1
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 N. Capitol Street, Suite 855, Washington, DC 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