May 29, 1996
VIA UPS OVERNIGHT
James P. Hoffa
May 29, 1996
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, DC 20001
Bill Urman, Trustee
Teamsters Local Union 471
3001 University Avenue, S.E.
Minneapolis, MN 55414
Susan Davis
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
James P. Hoffa
May 29, 1996
Page 1
Re: Election Office Case No. P-769-LU471-SCE
Gentlemen:
James P. Hoffa, a candidate for general president, filed a protest pursuant to
Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) against Local Union 471 and General President Ron Carey. Mr. Hoffa alleges that Local Union 471 improperly used its April 1996 newsletter to reprint an article which supports the campaign of Mr. Carey and attacks the campaign of the protester.
Regional Coordinator Bruce Boyens investigated the protest.
Article VIII, Section 8(a) of the Rules states that a union-financed publication or communication may not be “used to support or attack any candidate or the candidacy of any person.” In reviewing union-financed communications for improper campaign content, the Election Officer looks to the tone, content and timing of the publication. Martin, P-010-IBT-PNJ, et al. (August 17, 1995) (decision on remand), aff’d, 95 - Elec. App. - 18 (KC)
James P. Hoffa
May 29, 1996
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(October 2, 1995). The Election Officer also considers the context in which the communication appeared. Statements in a union publication have been found not to be campaigning where the statements involved “proper reporting of the facts, statements of interest to the members, and newsworthy activities of incumbents engaged in matters of interest to the members.” Martin, supra, (quoting Dole v. Fed’n of Postal Police, 744
F. Supp. 413, 420 (E.D. N.Y. 1990)).
The protested Local Union 471 newsletter is entitled “The Status of Free Men.” The protested issue is dated April 1996. Almost the entire protested issue consists of an article reprinted from “In These Times,” a bi-weekly news magazine. The Election Officer uses the same standard as set forth in Martin to review an article from another source reprinted in a union-financed publication. See Kilmury, P-021-LU230-CAN (August 23, 1996); Kilmury,
P-843-JC56-MOI (October 9, 1991), modified on other grounds, 91 - Elec. App. - 216 (SA) (November 5, 1991).
Just before the reprint of the article is an introduction to the article on behalf of the local union. The introduction to the article states that the union is republishing the article in order to counter the circulation of certain “disinformation” concerning “mob ties” to
Mr. Carey which has “repeatedly proven to be false.” The introduction continues:
Perhaps we’ve all grown to expect politicians and journalists to lie, but tolerating lies from the men who desire to lead our Union is a different story. Whether you like Ron Carey or not, the stories about mob ties are false. Any candidate running for office that chooses to continue to make these claims is a liar.
The appellation of Mr. Hoffa as a “liar” in connection with his desire to lead the union is an attack upon his candidacy plainly in violation of the Rules. Furthermore, the introduction connects the reprinted article with the campaign for general president, and suggests that its readers ignore allegations of corruption against Mr. Carey. In this regard, the introduction states:
The upcoming campaign has many important issues for all members to consider. For example, the debate about a dues increase is likely to be raised again. Another issue will be the development of a real Strike Benefits Fund. These issues will have a definite impact on your lives. Our advise is to pay close attention to the issues that will affect you and not lies, rumors and innuendo.
The reprinted article, entitled “Hacks and hatchet jobs,” concerns the manner in which the press has treated Mr. Carey. The article describes a “relentless campaign” by several publications to attack Mr. Carey by reporting false charges of corruption, while failing to give due attention to his efforts at reform. The article was written by William Serrin, former labor reporter for the New York Times, and currently, chair of the journalism department at New York University.
James P. Hoffa
May 29, 1996
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James P. Hoffa
May 29, 1996
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The article seeks to counter the charges against Mr. Carey by discrediting the sources of the charges and citing facts found in a report of the Independent Review Board. The article reports on Mr. Carey’s described accomplishments as general president, while criticizing his failure to disclose certain of his assets. The article concludes that the negative stories about
Mr. Carey are prevalent because negative stories command greater attention, regardless of the truth of their underlying charges.
The Election Officer recognizes that a discussion in a union-financed publication of how the union leadership is treated by the media may be of interest to union members. See Hoffa, P-310-IBT-SCE (February 1, 1996), aff’d, 96 - Elec. App.- 97 (February 23, 1996) (finding article in Teamster magazine on motion picture depicting union’s ties to organized crime newsworthy). Additionally, a union-financed publication may report on the efforts of Mr. Carey and his administration at institutional reform “without promoting or denigrating any candidacy.” Id.; see also Hoffa, P-202-IBT-EOH (November 17, 1995), aff’d, 95 - Elec. App. - 39 (KC) (November 30, 1995) (permitting Teamster magazine to advocate that convention delegates support “a democratic, ethical and financially sound union” without endorsing any specific candidate or slate”).
However, the article under review here, when reprinted in the Local Union 471 newsletter, violates Article VIII, Section 8(a) in two respects. First, the article and the introduction attack Mr. Hoffa and his campaign. The introduction calls Mr. Hoffa a liar who seeks to lead the union. The article itself observes that in contrast to Mr. Carey, Mr. Hoffa has “benefitted from favorable press coverage, despite certain facts that make his candidacy suspicious: He never has been a working Teamster, and his associates are largely members of the union’s “corrupt old guard that Carey has long attacked.” The article identifies three persons as the sources of the unfounded reports about Mr. Carey, one of whom,
Richard Leebove, is identified as working for Mr. Hoffa’s campaign, and another,
George Geller, who is described as a “key Hoffa supporter.” The article quotes a Newsday labor reporter who calls Mr. Leebove and Mr. Geller “two bozos from Detroit who used to work for Lyndon Larouche.” The article characterizes these two Hoffa supporters as “union enemies” who are promoting “cockeyed conspiracies.” Each of these characterizations denigrates Mr. Hoffa and his associates in connection with his campaign for general president.
Second, the article supports Mr. Carey by suggesting that its rebuttal of the charges of corruption made against Mr. Carey may be useful in debates during the campaign for general president and may influence how the press treats Mr. Carey during the campaign. In this regard, the article states, “The charges against Carey make his re-election -- on its own a formidable task, given the scalawags who remain in the union -- doubly difficult. Throughout the campaign the press will regurgitate Carey’s clips and the unfounded charges against him.” At another point, the article states, “There will be much interest in Carey this year with the Teamsters election. Most reporters assigned to the story will have no background in labor coverage, and especially in this age of electronic clips, will pull up all the Carey stories and use them against him.” These suggestions on the utility of the article in defending Mr. Carey during the campaign for general president color the entire article, making its reprint in a local union publication unlawful. The article reinforces the suggestion by the local union in the introduction to the article that members should disregard slurs made against Mr. Carey in the upcoming campaign.
James P. Hoffa
May 29, 1996
Page 1
Based on the above, the Election Officer concludes that the publication and distribution of the April 1996 Local Union 471 newsletter violates Article VIII, Section 8(a) of the Rules by supporting the candidacy of Mr. Carey and attacking the candidacy of Mr. Hoffa. Accordingly, 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 views the nature and seriousness of the violation as well as its potential for interfering with the election process.
The Election Officer is advised that Local Union 471 publishes its newspaper monthly. She orders that the Hoffa campaign shall be provided four pages of space in the July issue of the Local Union 471 newsletter.
If the Hoffa campaign desires that Local Union 471 publish its campaign material as ordered here, the campaign should provide a camera-ready copy to the local union within seven (7) days of the date of this decision. Within two (2) days after publishing the literature in the newspaper or mailing out the literature, the principal officer of Local Union 471 shall submit an affidavit to the Election Officer describing the local union’s compliance with the foregoing order.
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 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