Protest Decisions

              June 28, 1996

VIA UPS OVERNIGHT

James P. Hoffa

June 28, 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

John Sullivan, Associate General Counsel

International Brotherhood of Teamsters

25 Louisiana Avenue, N.W.

Washington, DC 20001

Bradley T. Raymond

Finkel, Whitefield, Selik, Raymond

  Ferrara & Feldman, P.C.

32300 Northwestern Highway, Suite 200

Farmington Hills, MI 48334

James P. Hoffa

June 28, 1996

Page 1

Re:  Election Office Case No. P-808-IBT-SCE

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 the IBT, its Education Department, General President Ron Carey, and the other members of the Carey slate of candidates for International office.  The protester alleges that a new publication of the IBT Education Department, La Voz de los Teamsters (“La Voz”), supports the candidacy of Mr. Carey and attacks the candidacy of

Mr. Hoffa, in violation of Article VIII, Section 8 of the Rules.  The protester claims that the publication “feature[s] ‘El Presidente’ Carey prominently throughout” and “purports to enumerate uncritically various so-called achievements of the Carey administration.” 

Mr. Hoffa asserts that at least one of these stated achievements, the return of $11 million as a result of the dissolution of the regional conferences, has been misrepresented.  Mr. Hoffa cites the publication for attacking “unnamed ‘officials’” who oppose reforms introduced by the Carey administration.  The protester alleges that due to its “partisan tone,” the release, “on the eve of the Convention,” of a new publication aimed at Spanish-speaking members is itself a violation of the Rules.

The IBT denies that La Voz supports or opposes any candidate for office in violation of the Rules.  The IBT declares that La Voz mentions Mr. Carey solely in connection with

James P. Hoffa

June 28, 1996

Page 1

actions taken in his official capacity.   The International union further asserts that the publication reports on newsworthy matters of legitimate interest to Spanish-speaking members. 

              The protest was assigned to Regional Coordinator Bruce Boyens.

              The masthead of La Voz states that it is a publication of the Teamsters union, and includes the name and title of Mr. Carey, along with the Teamster logo.  Boxed text on the front page of La Voz announces that it is the first issue of a new publication for Teamsters who speak Spanish.  The publication is written entirely in Spanish.

The front page article of La Voz reports on the Teamster Civil Right Conference sponsored by the Teamster Human Rights Commission, a meeting that was the first of its kind in the IBT.  The theme of the conference is reported to be building unity among the membership.  The article continues onto the second page where Mr. Carey is quoted blaming big corporations and Congress for trying to divide working people and encouraging members to fight back by building unity.  A small picture of Mr. Carey accompanies the quote.  In a similar-sized space, Sergio Lopez, vice president of the Teamsters Human Rights Commission, is quoted on the need for workers to combat the “divide-and-conquer” tactics of corporate interests and prominent Republicans.  A photograph of Mr. Lopez, the same size as that of Mr. Carey in this feature, accompanies his quoted remarks.  From the context of the article, the remarks of the two leaders are related to their appearances at the Civil Rights Conference.

The next story inside La Voz reports on the efforts of union members to organize unorganized workers, citing as one result the union’s victory at a representation election at a workplace in California.  Another story in La Voz discusses the role played by members working with trustees appointed by the International union to rebuild a union weakened by corruption.  Examples cited in the article are bilingual training provided to stewards, contracts and newsletters printed in Spanish, and outreach to involve more women in union activities.  The article also reports that Mr. Carey has established an Ethical Practices Committee to review complaints of serious wrongdoing.

The new publication contains an article seeking the views of members on issues that will be considered at the Convention.  As examples of these issues the article lists cleaning up corruption, cutting waste and bureaucracy, eliminating multiple salaries and financing strike benefits.  In the course of listing these issues, the article briefly summarizes the efforts of the current administration to deal with these concerns.

James P. Hoffa

June 28, 1996

Page 1

La Voz also reports on the failure of the North American Free-Trade Agreement (NAFTA) to achieve the goals predicted by its supporters, and action taken by the IBT to halt the implementation of a provision of NAFTA which would allow Mexican trucking companies to operate in the United States near the Mexican border.  This article describes a summit meeting between Teamsters and drivers from the United States, Mexico and Canada to develop strategies against this provision of NAFTA.  The article quotes Mr. Carey from a press conference following this meeting.  As quoted, Mr. Carey disclaims the union’s intent to fight against Mexican and Canadian drivers and commits the union to fighting to improve conditions for workers from the three countries.  The same article quotes similar sentiments expressed by a leader of Mexico’s independent labor federation.  The last page of La Voz describes a video and other educational materials now available in Spanish from the IBT.

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) (October 2, 1995).  The Election Officer also considers the context in which the communication appeared.  Id.

In Martin, the Election Officer recognized that union officers and officials have a “right and responsibility to exercise the powers of their office and to advise and report to the membership on issues of general concern” (quoting Camarata v. International Bhd. of Teamsters, 478 F. Supp. 321, 330 (D.D.C. 1979), aff’d, 108 L.R.R.M. (BNA) 2924 (D.C. Cir. 1981)).  Accordingly, “[a] communication will tend not to be considered campaigning when it concerns union business or an event of legitimate concern to union members, unrelated to the election.”  Id.  The Election Officer cautioned in Martin that:

. . . an otherwise acceptable communication may be considered campaigning if it goes on to make a connection with the election or election process, if it involves excessive direct or indirect personal attacks on candidates, or, alternatively, involves lavish    praise of candidates.  Otherwise legitimate coverage of the activities of a union official running for office may constitute campaigning if it is excessive.

James P. Hoffa

June 28, 1996

Page 1

The protester complains that La Voz mentions Mr. Carey at least five times and features his picture on the second page.  However, the Election Officer stated in Martin, supra, “[u]nion leaders are entitled to have their activities reported on in publications so long as the article or picture bears a reasonable relationship to the officer’s level of participation in the activity.”  It is reasonable to list the name of the general president on the masthead of a publication of the organization.  The Election Officer has previously determined that the Teamsters Civil Rights Conference,[1] the IBT’s efforts to rid the union of corruption,[2] and its opposition to NAFTA,[3] are matters of concern to the union membership and are legitimate subjects for coverage in union publications so long as the coverage does not link such issues to the internal union election.  Since this publication is directed towards Spanish-speaking members, reports on the Civil Rights Conference or NAFTA would seemingly be particularly significant.  The Election Officer regards the coverage in La Voz of Mr. Carey’s remarks on the occasion of the first Teamsters Civil Rights Conference, his mention as the founder of the Ethical Practices Committee and his leadership of a new, international coalition focused on  NAFTA provisions dealing with trucking, to be reasonably consistent with his role in these matters.

The protester contends that the new publication “uncritically” identifies “so-called achievements” of the Carey administration.  In addition to the foregoing topics in La Voz in which the Teamsters general president is specifically mentioned, the premiere issue of La Voz also covers the union’s efforts to involve members in organizing.  Additionally, in the context of listing Convention issues, the newsletter briefly describes the union’s efforts to eliminate multiple salaries to cut waste and bureaucracy, and to finance strike benefits, as well as its effort to clean up corruption.  The Election Officer has already recognized these topics as legitimate subjects for a Teamsters publication.  See, e.g., Hoffa, P-140-IBT-PNJ

(October 13, 1995) (providing strike benefits); Hoffa, P-093-IBT-PNJ, supra (eliminating multiple salaries); Hoffa, P-126-IBT-EOH (October 4, 1996) (strike benefits); Hoffa, P-315-IBT-SCE, supra (cutting waste and bureaucracy); Martin, supra (organizing the unorganized).  The Election Officer recently denied a protest directed at the publication in the April/May 1996 Teamster of a list of Convention issues very similar to the list in La Voz.  See Young,

P-722-IBT-EOH (May 6, 1966).  The Election Officer has also permitted Teamster to include short summaries of the accomplishments of the Carey administration in prefaces to 1995 and 1996 annual financial reports.  See Hoffa, P-792-IBT-EOH (June 14, 1996); Martin, supra. 

Mr. Hoffa complains that La Voz attacks unnamed union leaders who oppose reforms introduced by the Carey administration.  This charge invokes the following translated text from the article on issues at the upcoming Convention:

              Union Democracy.  What changes would increase members’ democratic participation in the union?

Should the right to vote convention delegates be made a permanent part of the Constitution?  (Officials at the 1991 convention voted to deny members that right, but the government overturned that vote.)

              Cutting waste and bureaucracy.  In 1994, the International Union eliminated the Eastern, Southern, Central, and Western Conferences        Of Teamsters - - an extra layer of outmoded bureaucracy.

That reform returned more than $11 million per year to Teamster local unions. Some officials want to reverse that action and reestablish the four Area Conferences.

James P. Hoffa

June 28, 1996

Page 1

The Election Officer has denied a similar protest concerning an article entitled, “Your Rights at Stake:  Our 1996 Convention Could Reverse Teamster Reform.  Just Look At Past Conventions” in the October/November Teamster magazine.  See Hoffa, P-202-IBT-EOH, supra.  The Election Officer allowed the IBT to examine “actions taken at past conventions which have hindered efforts to fight corruption, eliminated the voting rights of the rank and file, and affected the union financially.”  She permitted the Teamster to “warn[ ] that similar resolutions could be passed at the 1996 convention.”  In the same vein, the Election Officer finds that the references to union officials protested here “merely state[ ] that reform efforts could be countermanded as they have been at past conventions” and do not attack any candidate.

As to whether the introduction of a new publication is itself a violation, the Election Officer has stated, “The mere creation of a new publication without demonstrating that the publication is being used in violation of Article VIII, Section 8, is not a violation of the Rules.”  Martin, supra.

Accordingly, the 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:

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