April 4, 1996
VIA UPS OVERNIGHT
James Hoffa
April 4, 1996
Page 1
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Ron Carey, General President
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
Vincent C. Murphy, Trustee
Teamsters Local Union 1034
225 Park Avenue, S.
New York, NY 10003
John Sullivan, Assoc. Gen. Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
James Hoffa
April 4, 1996
Page 1
Re: Election Office Case No. P-689-LU 1034-SEC
Gentlemen:
James P. Hoffa, candidate for general president, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) against Ron Carey, also a candidate for general president, and Vincent Murphy, trustee of Local Union 1034. The protester alleges that Mr. Murphy used union resources, including local union stationery, to prepare and mail, on March 29, 1996, a notice to the local union membership of a “membership meeting” to be held on April 11, 1996, when in fact the planned event is a campaign rally for Mr. Carey.
Mr. Murphy advises that after the protested mailing, he wrote and mailed a letter dated April 2, 1996 to the Local Union 1034 membership advising that he violated the Rules by using union resources, including union stationery, to mail the notice of a “membership meeting.” He further stated in the letter that the event is not a membership meeting, but is a Carey campaign event. He advised in the letter that members are under no obligation to attend the event. Additionally, he advised the members that he has reimbursed the local union for the costs of the mailing and that he has paid for the follow-up mailing with personal funds. Finally, he advised that Local Union 1034 cannot and does not endorse any candidate for IBT office.
James Hoffa
April 4, 1996
Page 1
In an affidavit dated April 3, 1996, Mr. Murphy affirmed that he will cease and desist from improper use of union resources to support or advance any candidate in the delegate and International officer elections. Copies of checks demonstrating his reimbursement to the local union were attached.
The protest was assigned to Regional Coordinator Bruce Boyens.
Article VIII, Section 11(b) of the Rules protects the right of union officers to participate in campaign activities. However, the section further provides, along with
Article VIII, Section 11(c) and Article XII, Sections 1(b)(1) and 1(b)(3), that union resources, including union stationery, may not be used to promote the candidacy of any individual.
Mr. Murphy admittedly used union resources, including union stationery, to mail to the local union membership an announcement of a “membership meeting” that was, in fact, a campaign rally for Mr. Carey. By terming the event a “membership meeting,” and stating that “[i]t is very important that everyone attend this meeting,” Mr. Murphy violated the political rights of local union members to support or oppose any candidate. Further, pursuant to Article VIII, Section 11(b), the local union may not “endorse or otherwise advance a candidacy.” Therefore, the announcement and the use of union resources violated the Rules.
Accordingly, the protest is GRANTED.
The Election Officer further finds that no remedy is required, as Mr. Murphy has adequately remedied the violation here by the following measures: reimbursing the local union for the costs of the March 29, 1996 mailing; funding a mailing to the local union membership of his statement acknowledging that he has violated the Rules and describing the remedial measure he undertook; assuring members of their right to exercise their political rights; retracting any appearance of endorsement by the local union of any candidate; and by affirming that he will cease and desist from using union resources to support or advance any candidate. Mr. Murphy’s letter is attached to this decision. Accordingly, the Election Officer orders no additional relief.
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
James Hoffa
April 4, 1996
Page 1
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
Bruce Boyens, Regional Coordinator