Protest Decisions

September 20, 1996

VIA FACSIMILE & UPS OVERNIGHT

James P. Hoffa

September 20, 1996

Page 1

James P. Hoffa

2593 Hounds Chase

Troy, MI 48098

Fax:  (313) 568-4921

John Metz, President

Teamsters Joint Council 13

1401 Hampton Avenue

St. Louis, MO 63139

Fax:  (314) 645-3470

Ron Carey, General President

International Brotherhood of Teamsters

25 Louisiana Avenue, N.W.

Washington, DC 20001

Fax:  (202) 624-8798

John Sullivan, Associate General Counsel

International Brotherhood of Teamsters

25 Louisiana Avenue, N.W.

Washington, DC 20001

Fax:  (202) 624-6884

Nathaniel Charny

Cohen, Weiss & Simon

330 W. 42nd Street

New York, NY 10036

Fax:  (212) 695-5436

Bradley T. Raymond

Finkel, Whitefield, Selik, Raymond,

  Ferrara & Feldman, P.C.

32300 Northwestern Highway, Suite 200

Farmington Hills, MI  48334

Fax:  (810) 855-6501

James P. Hoffa

September 20, 1996

Page 1

Re:  Election Office Case No. P-925-IBT-MGN

Gentlemen:

James P. Hoffa, a member of Local Union 614 and a 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, General President Ron Carey, the Carey Campaign, Joint Council 13,  John Metz and Local Union 610.  Mr. Metz is the principal officer of Local Union 610 and the president of Joint Council 13.  Like Mr. Carey, he is named as a charged party in his official capacity.  

James P. Hoffa

September 20, 1996

Page 1

The protester alleges that the IBT sponsored a campaign rally to support the candidacy of Mr. Carey.  Mr. Hoffa further alleges that Joint Council 13 and Local Union 610 assisted in the organization and presentation of the event.  According to the protest, the Rules, at Article VIII, Sections 5 and 11 and at Article XII, Sections 1(b)(1-5) were allegedly violated.

The IBT responds that neither Mr. Carey nor any person under the IBT’s direction or control engaged in any campaigning during the event.  Neither Mr. Metz, Local Union 610, nor Joint Council 13 responded to the protest.

              The protest was investigated by Regional Coordinator William A. Werthheimer.

There is no dispute that on Labor Day, September 2, 1996, the IBT sponsored a special program in St. Louis, Missouri, at a facility in Forest Park.  The program was hosted by Joint Council 13.[1]  An IBT flyer described the event as follows:

CELEBRATE LABOR

JOIN GENERAL PRESIDENT RON CAREY

FOR

A SPECIAL LABOR DAY

VOTER REGISTRATION PICNIC

The flyer promised typical Labor Day picnic fare, including live music, free pony rides, free face-painting, free food and free drinks.  A letter, signed by Mr. Carey in his capacity as general president and distributed to IBT members in the St. Louis area, read:

DEAR TEAMSTER MEMBER,

I invite you to join me at a Labor Day picnic to celebrate Labor and to kick off a special voter registration drive.  Bring the whole family.  [The date and location of the event is set out] Teamsters will be able to register to vote for the November U.S. election and learn about the candidates and how the union is fighting for the future of all working families.  I hope you will be able to join me and your Teamster brothers, sisters, families and friends for this exciting labor/voter registration picnic.

A number of IBT members in the St. Louis area attended.  IBT General President

Ron Carey spoke at the event.  The activities engaged in by the IBT at the program included

registering voters, signing members up for DRIVE and distributing information on IBT programs and publications.[2]

James P. Hoffa

September 20, 1996

Page 1

The principal item of evidence provided by the protester was a video tape.  The video begins with scenes from the Labor Day parade, which also took place in St. Louis on

September 2--a parade in which several IBT subordinate entities and bargaining units participated.  The protester does not object to any occurrence at the Labor Day parade.   

The protester does object to several incidents which occurred at the voter registration picnic and are depicted on the tape.  The tape shows that a number of “Ron Carey Slate” signs had been placed on the road leading to the World’s Fair Pavilion, where the program was staged.  A cheerleader from the St. Louis Rams football organization attended the event to sign t-shirts.[3]  Their was footage of an IBT International Representative and several IBT security workers displaying hats or buttons supporting the reelection of Mr. Carey.   The over-the-road tractor and trailer unit owned and operated by the Pennsylvania Conference of Teamsters provided a backdrop to the speakers’ podium.   In front of the speakers’ podium was a banner which contained the words “Joint Council 13 Welcomes General President Ron Carey.”

In addition, a Carey supporter was photographed selling Carey campaign parapher-nalia.  According to a witness provided by the protester, however, this activity took place outside the boundaries of the picnic area.  This witness also acknowledged that no campaigning for any candidate took place within the program area.

Mr. Carey’s speech, partially recorded on the videotape, is not alleged by Mr. Hoffa to be in violation of the Rules.  However, prior to Mr. Carey’s speech, a short preliminary statement was delivered by Jerry Huskins, vice president of Joint Council 13 and president of Local Union 610.  Mr. Huskins also functions as director of Legislative and Political Action at Joint Council 13. 

In his brief remarks, Mr. Huskins introduced a Joint Council 13 official and

Dennis Skelton, an IBT vice president.  Before introducing Mr. Carey, Mr. Huskins declared that “we’re going to vote our friends into the state house . . . the White House . . .” 

Mr. Huskins stated that “throughout November and into December we’re going to vote for Teamster leaders that put the members first.”   In his actual introduction, he referred to

Mr. Carey as “standing up to Corporations . . . greed, and . . . corruption.”   He further referred to Mr. Carey as “our next general president.”

The Rules are designed to prevent campaigning at union membership meetings.  The Rules, at Article VIII, Section 5(a), in relevant part, read as follows:

James P. Hoffa

September 20, 1996

Page 1

(3) The Local Union need not allot time for campaigning during any of its meetings.  However, if campaigning during such meetings is permitted, the Local Union shall notify all candidates for the positions for which such campaigning will be permitted of the opportunity to speak at least five (5) days prior to the meeting and shall divide the time equally between those candidates (or the candidates’ credentialed representatives) who request an opportunity to speak.  The order of appearance shall be determined by lot.

(4) A Local Union shall not discriminate or permit discrimination in favor or against any candidate in conjunction with its meeting or otherwise.  This requirement shall apply not only to formal presentations by or on behalf of candidates but also informal campaign activities, such as, for example, comments on candidates during meetings . . .

Article VIII, Section 5(a)(3) of the Rules, which sets out the notice requirements for campaigning during local union meeting, does not apply to informal social gatherings.  However, Section 5(a)(4) applies to local union “meetings or otherwise,” which includes social gatherings.  It does not violate the equal access provisions of the Rules for a candidate to attend a local union meeting or function if campaigning does not take place.  Carbone,

P-887-LU313-PNW (September 12, 1996).

Campaigning has been defined by the Election Officer as “advocacy for or against a candidate.”  Giacumbo, et al., P-001-IBT-PNJ, et seq., (September 29, 1995), aff’d in relevant part, 95 - Elec. App. - 32 (KC) (November 1, 1995); See also Caffrey, P-047-JC16-NYC (October 19, 1995).  The banner to which the protester objects welcomed General President Carey in that capacity and did not make reference to his candidacy.

The placing of “Ron Carey Slate” signs on the road leading to the picnic’s location does not violate the Rules.  The Rules provide that campaigning outside a union hall cannot be restrained by the union:  “All Union members retain the right . . . to distribute campaign literature and to otherwise solicit support for a member’s candidacy outside a meeting hall before, during and after a Union meeting, regardless of Union policy, rule or practice.”  Article VIII, Section 11(a).  This section applies since no parties contends that this activity took place anywhere but outside the area where the official IBT program was located, and there was no evidence that campaigning took place within the picnic area itself.

Similarly, the fact that an International representative and some of the IBT security personnel wore campaign hats or campaign buttons does not constitute improper campaigning. 

Under Article VIII, Section 11(b) of the Rules, member union officers and employees “retain the right to participate in campaign activities, including the right . . . to openly support or oppose any candidate.”  The Election Officer’s Advisory on Wearing of Campaign Buttons and Other Emblems (“Advisory”), issued on September 20, 1995, states that the Rules protect the right of IBT members, including union officers and employees, “to wear campaign emblems on buttons, t-shirts or hats while working.”  (Citations omitted.)  Union officers, according to the Advisory, are permitted to wear campaign emblems so long as they are not representing the union before an unrelated third party.  There is no evidence that any union officer was conducting any union business before unrelated third parties during this event.

James P. Hoffa

September 20, 1996

Page 1

However, the use of the phrase “putting members first” by Mr. Huskins and his reference to Mr. Carey as “our next general president” do constitute campaign statements.  There is no evidence that Mr. Huskins’ choice of words was directed by or in any way pre-arranged by the Carey Campaign, the IBT,  Joint Council 13 or Local Union 610.  Neverthe-less, it is language which advocates the election of a candidate, used at a location and an event at which no campaigning may take place unless a similar opportunity is made equally available to other candidates.  As such, it was out of place and inappropriate at this otherwise legitimate union function.

In In Re: Ranita, 96 - Elec. App. - 130 (KC) (March 20, 1996), citing his decision in In Re: Hoffa, 95 - Elec. App. - 28 (KC) (October 26, 1995), the Election Appeals Master stated that “no campaign speeches, scripted or spontaneous, tacked on the end of an otherwise legitimate business speech communicated to an assemblage of rank and file members are permissible.”  In campaign speech cases, the subjective evaluation of  “such matters as substance, placement and relative length” of disputed remarks should bear only on the issue of remedy.

Accordingly, the protest is GRANTED with respect to the brief remarks of

Mr. Huskins and DENIED in all other respects.

In fashioning the appropriate remedy, the Election Officer reviewed this matter carefully in order to determine its potential for interfering with the election process. 

Mr. Huskins made a campaign statement supporting the candidacy of Ron Carey for general president at an inappro-priate time and place.  As in Ranita, supra, the remarks which violated the Rules were short.  The forum was a rally to provide voter education to IBT members from throughout Joint Council 13.   The event itself was hosted by Joint Council 13.   In these circumstances, the Election Officer finds that an appropriate remedy must enable the Hoffa Campaign to reach members within Joint Council 13 with a short campaign statement.

Mr. Hoffa may submit a statement of not more than 50 words, which Joint Council 13 shall publish in its next regular newsletter.[4]  It order to be published in the next newsletter, the statement from Mr. Hoffa must be received by Joint Council 13 no later than noon on Tuesday, September 24, 1996.  Mr. Hoffa’s statement shall be printed in a text box no smaller than 2 inches by 3 inches, on the front page of the newsletter. Preceding and above the statement by Mr. Hoffa, outside the text box, Joint Council 13 shall publish the following statement:

James P. Hoffa

September 20, 1996

Page 1

The Election Officer for the International Brotherhood of Teamsters has determined that Jerry Huskins, vice president of Joint Council 13 and president of Local Union 610, violated the Election Rules on September 2, 1996, by campaigning at a voter education rally sponsored by the IBT and hosted by Joint Council 13.  The rally was attended by members within Joint Council 13.  In order to remedy this violation and provide equal access, the Election Officer has directed Joint Council 13 to allocate the space below to James P. Hoffa, a candidate for general president.

Within two (2) days of publication of Mr. Hoffa’s statement, or if no statement is submitted, within two (2) days after the five (5) days have elapsed, Joint Council 13 shall submit an affidavit to the Election Officer setting forth in detail the steps it has taken to comply with the preceding paragraph of this decision and 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

William A. Wertheimer, Regional Coordinator

Michael D. Gordon, Regional Coordinator