October 2, 1996
VIA UPS OVERNIGHT
Jerry Price & James P. Hoffa
October 2, 1996
Page 1
Jerry Price
116 Margo Court
Joelton, TN 37080
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Dave Hodgin, President
Teamsters Local Union 327
1006 Russell Street
Nashville, TN 37206
Ron Carey Campaign
c/o Nathaniel Charny
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond
Ferrara & Feldman, P.C.
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334
Jerry Price & James P. Hoffa
October 2, 1996
Page 1
Re: Election Office Case Nos. P-971-LU327-SCE
P-991-LU327-SCE
CORRECTED
Gentlemen:
Pre-election protests were filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by
Jerry Price, a member of Local Union 327, and James P. Hoffa, a member of Local
Union 614 and candidate for general president. The protesters allege that Local Union 327 engaged in campaigning during a union meeting on September 14, 1996 by showing a videotape produced by the Carey campaign, in violation of the Rules. Because these protests raise identical factual and legal issues, they have been consolidated for decision by the Election Officer.
Jerry Price & James P. Hoffa
October 2, 1996
Page 1
Local Union 327 President and Business Manager Dave Hodgin admitted that he showed the videotape, which he agrees has a pro-Carey bias, “at the request of many, many Members who, along with myself, had not previously viewed” it. Mr. Hodgin stated that he also permitted the local union’s delegates, who were pledged to Mr. Carey’s slate, to present an oral report to the membership about the Convention and distribute Carey campaign literature. Both the showing of the videotape and the actions of the delegates were meant, Mr. Hodgin stated, “to further educate and make our Members more knowledgeable about the International Union.”
Regional Coordinator Bruce Boyens investigated these protests.
The Election Officer’s investigation revealed that at Local Union 327’s monthly membership meeting on September 14, 1996, Mr. Hodgin played a videotape about the IBT Convention that was approximately 15 minutes in length. The videotape was produced by the Carey campaign for campaign purposes.
Mr. Price claims that this presentation “was not just an informative video about the Convention: it clearly favored Ron Carey and ridiculed Hoffa.” Mr. Hoffa states in his protest that his campaign received no advance notice that this videotape would be played at the meeting, nor was he or his supporters given an opportunity to address the local union membership.
The Election Officer addressed the showing of the same videotape in Passo, P-921-LU705-CHI (September 25, 1996) and found that it “was plainly campaign material.” It was produced by the Ron Carey campaign, which is identified at the end of the tape.
The Rules are designed to ensure that candidates have equal access and opportunity to campaign at local union meetings and functions, if campaigning is allowed at all. The Rules, at Article VIII, Section 5(a), in relevant part, state as follows:
(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 to informal campaign activities, such as, for example, comments on candidates during meetings, literature distribution at meetings, literature distribution tables, etc.
Jerry Price & James P. Hoffa
October 2, 1996
Page 1
The Rules thus set forth campaigning procedures for local union meetings which are non-discriminatory. An opportunity to campaign at a union meeting must be made equally available to all candidates for a particular position, with advance notice. See Kapitula,
P-1104-LU401-PHL (November 22, 1991); Passo.
In the instant case, the local union admits that Carey campaign material was presented to the Local Union 327 membership at the September 14 meeting through the showing of the videotape and the distribution of literature by the Convention delegates. In Passo, the Election Officer found that the Carey campaign videotape was not restricted to supporting or opposing candidates for general president. Therefore, the Election Officer finds that the local union was required, under the Rules, to give advance notice of equal access to both the Jim Hoffa-No Dues Increase-25 & Out-Slate and the Stand Up for Teamsters slate. It is undisputed that such notification did not occur.
For the foregoing reasons, the protests are GRANTED.
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 finds that Local Union 327 must afford the same opportunity to the other slates with candidates for general president and/or secretary-treasurer that was given to the Carey campaign.
The Election Officer orders the following remedy:
1. Local Union 327 shall cease and desist from discriminating or permitting discrimination against any candidate in conjunction with its meetings or otherwise.
2. Local Union 327 shall afford the Jim Hoffa-No Dues Increase-25 & Out-Slate and the Stand Up for Teamsters slate an opportunity to campaign for 15 minutes each at the local union’s October 12, 1996 membership meeting. This opportunity may be used to make any type of presentation and is not limited to the showing of a videotape. The slates are also permitted to distribute campaign literature.
3. Local Union 327 is directed, within three (3) days of the date of this decision, to send the attached “Notice to the Jim Hoffa-No Dues Increase-25 & Out-Slate and the Stand Up for Teamsters Slate” by first-class mail. The Jim Hoffa-No Dues Increase-25 & Out-Slate and the Stand Up for Teamsters slate shall indicate their acceptance or rejection of this offer within three (3) days of receipt of the Notice and shall provide a copy of that acceptance or rejection to the Election Officer.
4. Within three (3) days of the date of this decision, Local Union 327 shall post the attached “Notice to the Local Union 327 Membership” on all local union bulletin boards at work sites and in the local union’s offices.
5. Within seven (7) days of this decision, Local Union 327 shall file an affidavit with the Election Officer detailing its compliance with this order.
Jerry Price & James P. Hoffa
October 2, 1996
Page 1
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
NOTICE TO THE JIM HOFFA-NO DUES INCREASE-
25 & OUT-SLATE AND THE
STAND UP FOR TEAMSTERS SLATE
Local Union 327 permitted the Carey campaign to show a 15-minute campaign videotape at Local Union 327’s general membership meeting on September 14, 1996. The local union also permitted its delegates to distribute Carey campaign literature at the same meeting.
The Election Officer has ordered Local Union 327 to afford a similar opportunity to the Jim Hoffa-No Dues Increase-25 & Out-Slate and the Stand Up for Teamsters slate to campaign for 15 minutes, by videotape or otherwise, during its October 12, 1996 membership meeting and to distribute literature to the membership of Local Union 327 at this meeting.
Please advise the undersigned within five (5) days of receipt of this Notice if you wish to accept or reject this invitation.
____________________ _____________________________
Date Dave Hodgin, President
& Business Manager
Teamsters Local Union 327
Approved by Barbara Zack Quindel, IBT Election Officer.
NOTICE TO TEAMSTERS LOCAL UNION 327 MEMBERSHIP FROM DAVE HODGIN, PRESIDENT AND BUSINESS MANAGER
The Election Rules governing access to membership meetings by candidates for International office prohibit a local union from discrimination or permitting discrimination in favor of or against any candidate in conjunction with membership meetings or otherwise.
The Election Officer has determined that Local Union 327 permitted the Carey campaign to show a campaign video and to distribute campaign literature at the general membership meeting on September 14, 1996 without giving a similar opportunity to the other slates. To remedy these violations, the Election Officer has ordered Local Union 327 to offer the Jim Hoffa-No Dues Increase-25 & Out-Slate and the Stand Up for Teamsters slate the opportunity to campaign for
15 minutes each, by videotape or otherwise, at the October 12, 1996 general membership meeting, and to distribute campaign literature to the Local Union 327 membership at this meeting.
____________________ ____________________________
Date Dave Hodgin, President
& Business Manager
Teamsters Local Union 327
This is an official notice which must remain posted for 30 consecutive days and must not be defaced or altered in any manner or covered with any other material.
Approved by Barbara Zack Quindel, IBT Election Officer.