October 11, 1996
VIA UPS OVERNIGHT
Anthony Fiori
October 11, 1996
Page 1
Anthony Fiori
5917 S. Nashville
Chicago, IL 60638
Daniel Stefanski, Secretary-Treasurer
Teamsters Local Union 726
300 S. Ashland Avenue, Room 206
Chicago, IL 60607
John Metz, Trustee
Teamsters Local Union 714
6815 W. Roosevelt Road
Berwyn, IL 60402
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
John McGee
13615 Iggleston
Riverdale, IL 60628
Ron Carey Campaign
c/o Nathaniel K. 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
Anthony Fiori
October 11, 1996
Page 1
Re: Election Office Case No. P-988-LU726-CHI
Gentlemen:
Anthony Fiori, a member of Local Union 726, 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”) alleging that Local Union 726’s PAC coordinator,
John McGee, violated the Rules by copying an Independent Review Board (“IRB”) report and Carey campaign material using the local union’s supplies and photocopier, and then distributing the copies at a steward’s meeting on September 16, 1996, while on union time. Mr. Fiori also alleges that Local Union 726 showed a Carey campaign videotape at the meeting, but refused to show a tape made by him.
Anthony Fiori
October 11, 1996
Page 1
Local Union 726 admits that it made copies of the IRB report and that Mr. McGee distributed them. It contends that such actions did not violate the Rules. Mr. McGee admits distributing Carey campaign material as well, but he denies that this was done on union time or that he used local union resources to produce the copies. The local union also admits that it showed a video entitled, “No Mob Rule,” which it received from the Carey campaign.
This protest was investigated by Regional Coordinator Julie E. Hamos.
Local Union 726 held its September 16, 1996 stewards’ meeting at the local union hall.[1] It began at approximately 5:00 p.m. Twenty-six of 38 stewards attended. Local
Union 726 Secretary-Treasurer Daniel Stefanski states that Mr. McGee’s distribution of materials was outside the building before the meeting, in accordance with a local union rule that requires all distribution of materials to take place before meetings begin.
1. Allegation Concerning the Copying and Distribution of an IRB Report
With respect to the IRB report admittedly copied by the local union and distributed by Mr. McGee, the Election Officer’s investigation revealed that it was a 122-page report, dated August 5, 1996, from the IRB to Mr. Carey. It concerned the IRB’s investigation of alleged impropriety in the running of Local Union 714.[2]
The Election Officer addressed another local union’s copying and distribution of this report in Passo, P-890-LU705-CHI (September 18, 1996). In that decision, the Election Officer explained the investigatory role of the IRB under the Consent Decree, the legitimate interest of such reports to members and the intent under the Consent Decree that such reports have wide distribution. The Election Officer found that the report, duly issued under the Consent Decree, is not campaign material, and its reproduction and distribution did not violate the Rules. The reproduction and distribution of the report by Local Union 726 likewise did not violate the Rules.
2. Allegation Concerning the Copying and Distribution of Carey Campaign Material
Mr. Fiori alleges that Mr. McGee copied and distributed Carey campaign material. Mr. McGee states that he had a cardboard box of campaign material in the back of his van, which he distributed outside the local union hall before the meeting. He states that he does not know who made the copies, but denies making them himself using local union resources.
Anthony Fiori
October 11, 1996
Page 1
Article VIII, Section 11(a) of the Rules provides that “All Union members retain the right to participate in campaign activities, including . . . 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 . . . .” This right is qualified by the following restriction in Section 11(b): “officers and employees . . . of the Union may not campaign on time that is paid for by the Union.”
The investigation revealed that Mr. McGee’s normal working hours are from 7:00 a.m. to 3:00 p.m. When he was handing out campaign material outside Local Union 726’s hall before the 5:00 p.m. stewards’ meeting, he was on his own time and under the protection of Article VIII, Section 11(a) of the Rules.
With respect to the production of the campaign material, Mr. McGee denied using local union resources. As there is no evidence that local union resources were used to produce this flier, this portion of the protest is denied.
3. Allegation Concerning the Showing of a Campaign Video
It is uncontested that a 15-minute videotape entitled, “No Mob Rule,” provided by the Carey campaign, was presented at the stewards’ meeting on September 16, 1996. The Election Officer addressed another local union’s showing of this video in Passo, P-921-LU705-CHI (September 25, 1996). The Election Officer found that “[i]t was plainly campaign material.”
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)(4), provide:
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, literature distribution at meetings, literature distribution tables, etc.
The Rules 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.
The Election Officer finds that Local Union 726 showed the Carey campaign tape without offering, in advance, a similar opportunity to other candidates. In Passo, the Election Officer found that the Carey campaign tape supported Mr. Carey’s slate. Therefore, advance notice of such an opportunity should have been given to the Jim Hoffa-No Dues Increase-25 & Out Slate and to the Stand Up for Teamsters slate. Local Union 726’s failure to do so violated the Rules.
Anthony Fiori
October 11, 1996
Page 1
Mr. Fiori also alleges that after viewing the “No Mob Rule” Convention videotape, he requested permission to show his own Convention videotape and was denied. The Election Officer does not find that the denial of Mr. Fiori’s request violated the Rules. When Local Union 726 allowed campaigning by any candidate, it was required to allow campaigning by all candidates for that position. That result is ordered, below, and the showing of Mr. Fiori’s personal tape would not have remedied the violation that occurred.
For the foregoing reasons, the protest is GRANTED with respect to the showing of the Carey campaign videotape and DENIED in all other respects.
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:
1. Local Union 726 shall cease and desist from discriminating or permitting discrimination against any candidate in conjunction with its meetings or otherwise.
2. Local Union 726 shall afford the Jim Hoffa-No Dues Increase-25 & Out Slate and the Stand Up for Teamsters slate a campaign opportunity of 15 minutes at Local Union 726’s October 23 stewards’ meeting. This opportunity may be used to make any type of presentation and is not limited to the showing of a videotape. Local Union 726 is directed, within three (3) days of the date of this decision, to mail 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 slates 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.
3. Within three (3) days of the date of this decision, Local Union 726 shall mail the attached “Notice to Local Union 726 Stewards” to each steward, advising them of their rights and the campaign opportunity for other slates to be provided at the next stewards’ meeting. The local union shall not include any other material with the mailing.
4. Within seven (7) days of this decision, Local Union 726 shall file an affidavit with the Election Officer detailing its compliance with this order.
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).
Anthony Fiori
October 11, 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
Julie E. Hamos, Regional Coordinator
NOTICE TO THE JIM HOFFA-NO DUES INCREASE-
25 & OUT SLATE AND THE
STAND UP FOR TEAMSTERS SLATE
Local Union 726 permitted the Ron Carey campaign to show a 15-minute campaign videotape at the Local Union 726 stewards’ meeting on September 16, 1996.
The Election Officer has ordered Local Union 726 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 23 stewards’ meeting.
Please advise the undersigned within three (3) days of receipt of this Notice if you wish to accept or reject this invitation.
___________________________ ______________________________
Date Daniel Stefanski, Secretary-Treasurer
Teamsters Local Union 726
Approved by Barbara Zack Quindel, IBT Election Officer.
NOTICE TO TEAMSTERS LOCAL UNION 726 STEWARDS FROM DANIEL STEFANSKI,
SECRETARY-TREASURER
The Election Rules governing access to membership meetings by candidates for International office prohibit a local union from discrimination or permitting discriminating in favor of or against any candidate in conjunction with membership meetings or otherwise.
The Election Officer has determined that Local Union 726 permitted the Carey campaign to show a campaign video at the stewards’ meeting on September 16, 1996 without giving a similar campaign opportunity to the other slates. To remedy the violation, the Election Officer has ordered Local Union 726 to afford a similar opportunity for the Jim Hoffa-No Dues Increase-25 & Out Slate and the Stand Up for Teamsters slate to campaign for 15 minutes each, by videotape or otherwise, at the October 23, 1996 stewards’ meeting.
___________________________ ______________________________
Date Daniel Stefanski, Secretary-Treasurer
Teamsters Local Union 726
Approved by Barbara Zack Quindel, IBT Election Officer.
[1]The meeting was a special stewards’ meeting for City of Chicago stewards.
[2]Local Union 714 is now in trusteeship imposed by Mr. Carey, following the IRB’s recommendation contained in the report.