July 18, 1996
VIA UPS OVERNIGHT
Homer E. Mann
July 18, 1996
Page 1
Homer E. Mann
3712 N. Berkeley Circle
Cincinnati, OH 45236
Lawrence Brennan, President
Teamsters Joint Council 43
2801 Trumbull Avenue
Detroit, MI 48216
Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond,
Ferrara & Feldman
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334
Homer E. Mann
July 18, 1996
Page 1
VIA HAND DELIVERY
Homer E. Mann
July 18, 1996
Page 1
James P. Hoffa
Pennsylvania Convention Center
Rooms 103B and 103C
Philadelphia, PA
Nathaniel Charny
Pennsylvania Convention Center
Rooms 113B and 113C
Philadelphia, PA
Homer E. Mann
July 18, 1996
Page 1
Re: Election Office Case No. P-852-JC43-MGN
Gentlemen:
Homer E. Mann, a member of Local Union 100, filed a pre-election protest pursuant to the Rules for the 1995-1996 IBT International Union and Officer Election (“Rules”) against Joint Council 43 and James P. Hoffa, a candidate for general president. Mr. Mann alleges that Mr. Hoffa and Joint Council 43 improperly used union resources to campaign through the production and dissemination of a letter addressed to Ron Carey, in his capacity as incumbent general president.
The protest was investigated by Regional Coordinator William A. Wertheimer.
The facts are not disputed. On or about July 9, 1996, Mr. Hoffa mailed a letter to
Mr. Carey. The text of that letter provided, in pertinent part, as follows:
Homer E. Mann
July 18, 1996
Page 1
While at the 1996 International Brotherhood of Teamsters Convention, it is the intention of the Hoffa campaign, including all slate candidates and spokespersons, not to speak to scab reporters. This includes reporters from all current boycotted newspapers including the Detroit News, Detroit Free Press, Miami Herald and USA Today. We will not grant interviews; we will not answer questions; and we will not be represented from these anti-union newspapers in our press pool.
With this letter, I call on you, your campaign and the aspects of the Convention under your control to take the same stance against scab reporters and anti-union employers, and on behalf of the nearly 2,000 striking Teamsters, refuse to speak to these same publications.
The letter is signed by Mr. Hoffa under the designation “MICHIGAN TEAMSTERS JOINT COUNCIL 43.” It was printed on Joint Council 43’s letterhead. It was mailed at the expense of Joint Council 43. Faxed copies were transmitted, through the facilities of Joint Council 43, to Mr. Carey, Al Derey of Local Union 372, Al Young of Local Union 2040, the Detroit Sunday Journal and a local chapter of the AFL-CIO.
Mr. Hoffa’s response to the charge is that “the June 9 letter was intended to further only legitimate institutional interests of the IBT and was not intended to be viewed as campaigning.” He has, however, decided to reimburse Joint Council 43 for “the cost of the stationery, postage and staff time preparing the letter.”
Since there is no dispute that union resources were used in the preparation and dissemination of the June 9 letter, the issue presented is whether or not the letter constitutes “campaigning” within the meaning of the Rules. Article XII, Sections 1(b)(1) and (3) prohibit a union from using its funds “to promote the candidacy of any individual.” The Rules define campaign contribution broadly to include any direct or indirect contribution where the purpose, object or foreseeable effect of that contribution is to influence the election of a candidate. Rules, Definitions, 5. Campaigning is present when some effort to advocate for or against a candidate is expended. Caffrey, P-047-JC16-NYC (October 19, 1995).
The first sentence of Mr. Hoffa’s June 9 letter announces a purpose to state “the intention of the Hoffa campaign.” The remainder of the paragraph describes a specific course of conduct to which Mr. Hoffa’s campaign will adhere. The final paragraph of the letter calls upon the Carey campaign to engage in a similar course of conduct. Mr. Hoffa’s letter of
June 9 is campaigning within the meaning of Article XII, Sections 1(b) and (3).
Accordingly, the protest is GRANTED.
Homer E. Mann
July 18, 1996
Page 1
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 appropriate 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 orders the following remedy:
1. Joint Council 43 shall cease and desist from using union resources to promote the campaign of any candidate for International office. The Hoffa campaign and Mr. Hoffa shall cease and desist from accepting campaign contributions from any joint council, local union or other subordinate body.
2. Mr. Hoffa shall reimburse Joint Council 43 for the staff time, stationery, postage and any other union resources, including staff and employee time, used in the preparation and dissemination of the protested letter.
3. Mr. Hoffa and Joint Council 43 shall sign the notice attached hereto. Joint
Council 43 shall post the notice for thirty (30) consecutive days on all union bulletin boards at the joint council within seven (7) days of receipt of this decision. The notice shall further be mailed to Mr. Derey, Mr. Young, the Detroit Sunday Journal and Mr. Scribner of the Metro AFL-CIO. The costs of this mailing shall be paid by Mr. Hoffa’s campaign.
4. After posting the notice and no later than ten (10) days after receipt of this decision, Mr. Hoffa and Joint Council 43 shall each provide a signed affidavit to the Election Officer demonstrating their compliance with the foregoing order. Mr. Hoffa’s affidavit shall set forth the amount reimbursed to the joint council.
An order of the Election Officer, unless otherwise stayed, takes immediate effect against a party found to be in violation of the Rules. In Re: Lopez, 96 - Elec. App. - 73 (KC) (February 13, 1996).
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
Homer E. Mann
July 18, 1996
Page 1
Copies of the request for hearing must be served on the parties listed above as well as upon the Election Officer, Pennsylvania Convention Center, Room 204, Facsimile (202) 418-2426. A copy of the protest must accompany the request for a hearing.
Sincerely,
Barbara Zack Quindel
Election Officer
cc: Kenneth Conboy, Election Appeals Master
William A. Wertheimer, Regional Coordinator
Homer E. Mann
July 18, 1996
Page 1
NOTICE FROM JOINT COUNCIL 43
AND JAMES P. HOFFA
The Election Rules forbid the contribution of local union resources to a campaign for International office. The Rules prohibit the use of union funds to assist in campaigning unless the union is reimbursed at fair market value for such assistance and unless all candidates are provided equal access to such assistance and are notified in advance in writing of the availability of such assistance. The Rules specifically, and without qualification, prohibit the use of official union stationery for campaign purposes.
We violated the Rules when Mr. Hoffa used union resources to prepare and mail a letter to Mr. Carey stating that his campaign would adhere to a certain course of conduct and suggesting that Mr. Carey’s campaign do the same. This letter was prepared and mailed without providing advance, written notice of the availability of these resources to Mr. Carey, who is also a candidate for general president. We violated the Rules when Mr. Hoffa utilized official joint council stationery to do the mailing. Mr. Hoffa’s campaign has reimbursed Joint
Council 43 for the costs of the mailing.
We understand that the use of union resources for campaign purposes is prohibited under the Rules and will not use such resources in the future.
_________________________ ___________________________
James P. Hoffa Lawrence Brennan, President
Teamsters Joint Council 43
Homer E. Mann
July 18, 1996
Page 1
This is an official notice which must remain posted for 30 consecutive days and must not be defaced or altered in any manner or be covered with any other material.
Approved by Barbara Zack Quindel, IBT Election Officer.