September 11, 1996
VIA UPS OVERNIGHT
Kevin Cicak & James P. Hoffa
September 11, 1996
Page 1
Kevin Cicak, President
Teamsters Local Union 430
355 S. Wheaton Street
York, PA 17403
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Thomas Griffith, President
Teamsters Local Union 776
2552 Jefferson Street
Harrisburg, PA 17110
John P. Morris, President
Teamsters Joint Council 53
3460 N. Delaware Avenue, Suite 310
Philadelphia, PA 19134
Pennsylvania Conference of Teamsters
2833 Cottman Avenue
Philadelphia, PA 19149
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
Nathaniel Charny
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
Kevin Cicak & James P. Hoffa
September 11, 1996
Page 1
Re: Election Office Case No. P-929-LU776-PNJ
P-937-LU776-PNJ
Gentlemen:
Kevin Cicak & James P. Hoffa
September 11, 1996
Page 1
Kevin Cicak, president of Local Union 430, and James P. Hoffa, a candidate for general president, filed pre-election protests pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”). Both protesters allege that a campaign mailing by Thomas Griffith, president of Local Union 776, to the members of Local Union 430 may have violated the Rules on use of the membership list. The protesters question whether Mr. Griffith, Local Union 776, the IBT or the Carey campaign had or permitted proper access to the Local Union 430 mailing list and question the financing of the mailing.
Local Union 115 member James Smith, spokesman for the campaign of Eastern region vice presidential candidate John P. Morris, respond that the mailing was done by Mr. Morris’ campaign using campaign funds.
The protest was investigated by Regional Coordinator Peter V. Marks, Sr.
Article III, Section 3 of the Rules allows “accredited or nominated candidate[s] for International office” to use membership lists prepared by the Election Officer for the purpose of “advancing the candidate’s campaign for nomination and/or election . . .” See Hoffa,
P-770-LU743-EOH (June 21, 1996) (summarizing the principles which govern the use of membership lists by International candidates), aff’d, 96 - Elec. App. - 210 (KC) (July 11, 1996). See also, Cipriani et al., P-420-LU391-SEC et seq. (March 1, 1996), aff’d, 95 - Elec. App. - 123 (KC) (March 13, 1996); Baudo, P-702-JC39-NCE (May 10, 1996).
The Election Officer’s investigation showed that the protested mailing was done by and for the Morris campaign. Mr. Morris is a candidate on the Ron Carey slate. The mailing list used for the mailing was provided by the Election Officer to Mr. Morris’ campaign under Article VIII, Section 3 of the Rules, and the labels were generated from the list. The list was not provided to Mr. Griffith or Local Union 776. The printing and postage were paid with campaign funds. The mailing consisted of a letter signed by Mr. Griffith and a reprint of a Carey booklet discussing reasons why Mr. Hoffa should not be elected general president of the IBT. Mr. Griffith signed the letter in order to respond to an allegation made at a Hoffa rally that Teamster officials from Harrisburg helped to organize the rally.
Mr. Cicak also questions whether Mr. Griffith obtained the mailing list from Joint Council 53, the Pennsylvania Conference of Teamsters or the IBT directly. The investigation disclosed that although the Pennsylvania Conference of Teamsters does have a list of Local Union 420 members, the list was not used for this mailing and is only used for voter registration and education drives. Joint Council 53 does not have a list of Local Union 430 members.
The Election Officer finds no violation of the Rules. Mr. Morris is a duly nominated candidate for International office and made proper use of the mailing list for the purpose of advancing his campaign and that of the Ron Carey slate.
Based upon the foregoing, 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:
Kevin Cicak & James P. Hoffa
September 11, 1996
Page 1
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
Peter V. Marks, Regional Coordinator