October 3, 1996
VIA FACSIMILE & UPS OVERNIGHT
Earl Parker & James Tol
October 3, 1996
Page 1
Earl Parker
129 Fletcher Ford Road
Fayetteville, GA 30215
James E. Tol
7595 16 Mile Road
Cedar Springs, MI 49318
Fax (312) 445-9984
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Fax (313) 568-4921
Ron Carey, General President
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
Fax (202) 624-8798
Richard Black, Secretary-Treasurer
Teamsters Local Union 728
2540 Lakewood Avenue, S.W.
Atlanta, GA 30315
Fax (404) 627-2045
Donald S. Scott, President
Teamsters Local Union 728
2540 Lakewood Avenue, S.W.
Atlanta, GA 30315
Fax (404) 627-2045
Kenneth E. Hilbish, President
Teamsters Local Union 528
2540 Lakewood Avenue, S.W.
Atlanta, GA 30315
Fax (404) 627-5615
Ron Carey Campaign
c/o Nathaniel K. 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
Earl Parker & James Tol
October 3, 1996
Page 1
Re: Election Office Case No. P-932-LU728-SEC
P-977-LU728-SEC
[Replaces original Election Officer decision dated October 2, 1996]
Earl Parker & James Tol
October 3, 1996
Page 1
Gentlemen:
Pre-election protests were filed pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”). Because of the related nature of these protests, they were consolidated for decision by the Election Officer.[1]
In P-932-LU728-SEC, Earl Parker, a member of Local Union 728, alleged that
Richard Black, Local Union 728 secretary-treasurer, and Local Union 728 allowed a Carey campaign fundraiser and cookout to be held at the local union hall and on local union grounds on September 8, 1996, in violation of the Rules. Mr. Parker claims that such use of the hall was denied to the Hoffa campaign.
In P-977-LU728-SEC, James E. Tol, a candidate for International vice president for the Central Region on the Stand Up for Teamsters slate, and the Stand Up for Teamsters slate, alleged that Mr. Black, Local Union 728 and Local Union 528 held a Carey campaign fundraiser and cookout on September 8, 1996 and did not invite the Stand Up for Teamsters slate, in violation of the Rules.
The local unions respond that in August 1996, after a request from the Carey campaign to use the hall, their Executive Boards decided to permit the Carey and Hoffa slates to use the hall on a one-time basis for a fee of $500.
Adjunct Regional Coordinator Maureen Geraghty investigated these protests.
The facts are undisputed. Prior to the events cited in this protest, Local Union 728 and Local Union 528’s official policies prohibited the use of the hall for political purposes. The two local unions jointly own the hall. The only exception was made in 1991 when Local Union 728 sponsored a candidates’ forum and several regional vice-presidential candidates attended. The local unions have not otherwise deviated from this official policy.
On June 2, 1995, Mr. Parker requested permission from Local Union 728 President Donald Scott to use the local union hall on September 30, 1995 for a Hoffa rally. On June 19, 1995, Mr. Black denied Mr. Parker’s request, citing the local union’s long-standing policy of not permitting the use of the local union’s facilities for political purposes, except in the event that a political forum is held. In addition, Mr. Black told Mr. Parker in his letter that should “Mr. Hoffa and/or other candidates become accredited” the local union would look forward to their participation when a meeting could be arranged.
Earl Parker & James Tol
October 3, 1996
Page 1
On August 13, 1996, Joyce Mims, Southern Region coordinator of the Carey campaign, requested from Local Union 728, in writing, the use of the local union hall on September 8, 1996 for a Carey campaign function. On that date, the local union conducted a telephone poll of its Executive Board and decided to permit the Hoffa and Carey campaigns to use the hall for a $500 fee.
The minutes of the meeting state:
We will notify the two (2) presidential candidates running in this election that Teamsters Local 728 will make available the union hall for the purpose of having an all day rally fund raiser.
The use of the hall for the candidates to hold their rallies will be a fee of $500.00 per presidential candidate. This fee will serve for clean-up and the use of the building to cover expenses.
Each presidential candidate will provide their own security as well as bringing their own food and beverages, and providing all their own materials.
It was also confirmed that Local 528 poled [sic] their Executive Board and have likewise agreed to making available the Union Hall.
On August 14, 1996, Local Union 728 issued a letter to both the Carey and Hoffa campaigns advising them of the opportunity to use the hall for a $500 fee and informing them that they would need to obtain permission from Local Union 528 since the local unions own the facility jointly. Mr. Black states that although the invitation was directed to Messrs. Carey and Hoffa, the local unions intended the invitations to extend to the entire slates.
The Hoffa campaign declined the invitation, but the Carey campaign accepted the invitation and used the hall on September 8, 1996. The Carey campaign flyer advertising the event invited members to a campaign fundraiser and cookout to meet the candidates:
Ron Carey, Aaron Belk, Diana Kilmury, Doug Mims, Richard Nelson and John Riojas.
Both local unions claim that they were not aware of any nominated candidates other than Mr. Carey and Mr. Hoffa. On September 19, 1996, Local Union 728 and Local
Union 528 offered the rental of their facilities to the Stand Up for Teamsters slate under the same terms as were offered to the Ron Carey No Corruption-No Dues Increase Slate and the Jim Hoffa-No Dues Increase-25-&-Out Slate.
The Rules are designed to ensure that, if they are to be given access at all, candidates have equal access to union resources upon compensation at fair market value to the local union. Article XII, Section 1(b)(3) of the Rules provides, in relevant part:
Earl Parker & James Tol
October 3, 1996
Page 1
No Union funds or other things of value shall be used, directly or indirectly, to promote the candidacy of any individual. Union funds, facilities, equipment, stationery, personnel, etc., may not be used to assist in campaigns unless the Union is compensated at fair market value for such assistance, and unless all candidates are provided equal access to such assistance and are advised in advance, in writing of the availability of such assistance.
As stated in the Rules, a local union must provide equal access and advance notice to “all candidates” of the availability of its facilities. When Local Union 728 and Local
Union 528 decided to make the local union hall available, they were required to do so on an equal basis and with advance notice. The Election Officer finds that in the present matter, Local Union 728 and Local Union 528 anticipated the use of their facilities by candidates for offices other than the general presidency. Therefore, the local unions were required to offer the rental of their facilities to all three slates in the International officer election.
It is undisputed that the Carey campaign was offered the rental of the facilities and accepted the invitation. The protester in P-932-LU728-SEC states that Local Union 728 failed to offer its facilities to the Hoffa campaign. The Election Officer finds that an offer was made to the Hoffa campaign to rent the local union hall and grounds on the same basis as the Carey campaign, but the offer was declined. The Election Officer finds that the Stand Up for Teamsters slate was not offered the opportunity to rent the local union facilities prior to the protest being filed.
When the Hoffa campaign requested use of the facilities in 1995, Local Union 728 decided to adhere to its long-standing policy and its denial of access was not improper. When the local union decided to change its policy, however, it was required to do so on an equal basis.
Based upon the foregoing, the protest in P-977-LU728-SEC is GRANTED and the protest in P-932-LU728-SEC is DENIED.
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 recognizes that following the filing of the protest in P-977-LU728-SEC, Local Union 728 and Local Union 528 offered the rental of their facilities to the Stand Up for Teamsters slate.
The Election Officer therefore orders the following remedy:
Local Union 728 and Local Union 528 shall cease and desist from making their facilities available to any candidate unless all candidates are provided equal access to such assistance and are advised in advance, in writing, of the availability of such assistance.
Earl Parker & James Tol
October 3, 1996
Page 1
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
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
Maureen Geraghty, Adjunct Regional Coordinator
[1]The Election Officer issued a decision in this matter on October 2, 1996. On
October 3, 1996, the Election Officer withdrew the decision of October 2, 1996 based upon errors in the decision and the remedy.