October 14, 1996
VIA UPS OVERNIGHT
Robert Knox
October 14, 1996
Page 1
Robert E. Knox
8149 Henry Ruff
Westland, MI 48185
Michael C. Bane, President
Teamsters Local Union 614
131 University Drive
Pontiac, MI 48342
Ron Carey Campaign
c/o Nathaniel K. Charny
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond,
Ferrara & Feldman, P.C.
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334
Robert Knox
October 14, 1996
Page 1
Re: Election Office Case No. P-1006-SFD-MGN
Gentlemen:
Robert E. Knox, a member of Local Union 1038, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”) alleging that campaign material supporting James P. Hoffa, a candidate for general president, was improperly affixed to three employer-owned vehicles in the Detroit, Michigan Labor Day Parade. The employers were Sherwood Food Distributors (“SFD”), Cassens Transport (“Cassens”) and Wilmac Tours, Inc (“Wilmac”). Mr. Knox lodges his protest against the employers for improper campaign contributions.
SFD and Cassens respond that the display of campaign material on their vehicles violated company policies and that they did not know that it would take place. Wilmac states that its bus was on charter at the time. The Hoffa campaign denies knowledge of or involvement in the displays.
Robert Knox
October 14, 1996
Page 1
This protest was investigated by Regional Coordinator William A. Wertheimer, Jr.
The Detroit Labor Day Parade took place on September 2, 1996. Mr. Knox submitted four photographs to the Election Officer. Two of the photographs were taken during the parade. One shows an SFD truck cab pulling a Ryder trailer. A “Hoffa ‘96 Restore Teamster Power” sign is attached to the cab’s grill and several others are affixed to the side of the trailer. The other parade photograph shows a Cassens car hauler. A “Hoffa ‘96” bumper sticker is displayed on the passenger-side door, next to the Cassens name.
The other two photographs submitted by Mr. Knox were taken on September 2 at other locations. One shows the SFD truck parked on a grassy area. That photograph shows a better view of the side of the trailer on which five “Hoffa ‘96 Restore Teamster Power” signs are taped. The other photograph shows a bus parked next to the headquarters of the Michigan Conference of Teamsters Welfare Fund. The side is lettered “Wilmac Charters” and, in smaller letters, “Owned and Operated by Wilmac Tours, Inc.” On the side is a banner showing Local Union 614’s support for the members of Local Unions 372 and 2040 on strike against the Detroit News and the Detroit Free Press.[1] Above the banner, two “Hoffa ‘96 Restore Teamster Power” signs are taped to windows.
1. The SFD truck and the Cassens auto hauler
SFD Executive Director of Operations Phillip Walega states that he gave some of his key employees permission to drive his trucks in the parade. He has done so for about 15 years. He further states putting campaign material on his trucks violated company policy and that he had no knowledge that it would happen. Mr. Walega agreed with the Regional Coordinator to communicate to his employees that affixing campaign material to his trucks violates SFD’s policy and the Rules.[2]
The Regional Coordinator also interviewed Cassens Director of Relations Joe M. Clark. Mr. Clark stated that Cassens policy also prohibits the affixing of campaign material to its trucks and that he had no knowledge that campaign material would be put on its auto hauler in the parade. Mr. Clark made the same commitment to reaffirm company policy with Cassens employees.
Robert Knox
October 14, 1996
Page 1
Article XII, Section 1(b) of the Rules, in pertinent part, prohibits the contribution, “directly or indirectly, [of] anything of value, where the purpose, object or foreseeable effect of the contribution is to influence, positively or negatively, the election of a candidate.” This prohibition applies to any “employer,” whether or not an employer of IBT members.[3] Under the Rules, as under Section 401(g) of the Labor-Management Reporting and Disclosure Act, knowledge on the part of an employer that its resources are being used in such a fashion is not an element of the contribution violation. See Maney, P-956-IATSE-NYC et seq. (October 2, 1996) (appearance of campaign material on employer trucks in New York City Labor Day Parade); Feeley, P-874-LU817-MGN (September 17, 1996) (appearance of campaign material on employer trucks at work sites of particular local union).
“The display of campaign placards on an employer-owned vehicle is a campaign contribution.” Maney. The placement of Hoffa campaign material on SFD and Cassens trucks constituted improper contributions by those employers to the Hoffa campaign, as well as providing the false impression that those employers endorse Mr. Hoffa, in violation of the Rules. In view of the positions taken by SFD and Cassens in this case of strictly enforcing their policies, the protest as to the employers is resolved.
Under Article XII, Section 1(b)(9) of the Rules, International officer candidates “are strictly liable to insure that each contribution received is permitted under the Rules.” Therefore, the Hoffa campaign is strictly liable for the improper receipt of contributions from SFD and Cassens.
The investigation did not, however, disclose the identities of the persons who put the campaign material on the SFD and Cassens trucks. In the New York City Labor Day Parade addressed in Maney, employer trucks were sponsored by particular local unions and carried identifying banners. In the Detroit parade, the SFD and Cassens trucks bore no such banners. Furthermore, the investigation did not reveal local union sponsorship. Thus, the Election Officer finds that the affixing of campaign materials to the SFD and Cassens trucks in this matter were individual Rules violations by unidentified members.
In view of the agreement by SFD and Cassens to reaffirm their company policies against displaying campaign material, the Election Officer finds that the protest is, with respect to those employers, RESOLVED. See Hoffa, P-992-LU707-NYC et seq. (October 7, 1996) (protest with respect to stickers on employer trucks resolved through agreement); Feeley (same). The protest is GRANTED with respect to the receipt of improper employer contributions by the Hoffa campaign.
Robert Knox
October 14, 1996
Page 1
2. The Wilmac Chartered Bus
The investigation revealed that Wilmac chartered its bus to Local Union 614 for the Detroit Labor Day Parade. In a charter situation, the Election Officer recognizes that the employer-owner of the vehicle has very limited ability to control the affixing of stickers or signs once the charter has begun. In this circumstance, the Election Officer finds that it does not further the purposes of the Rules to assess a violation against Wilmac for the appearance of Hoffa campaign material on its bus during the period of charter.
The situation is different, however, with respect to Local Union 614, which chartered the bus and was responsible for it during the charter period. Article XII, Section 1(b)(3) of the Rules states, in pertinent part, that “[n]o Union funds or other things of value shall be used, directly or indirectly, to promote the candidacy of any individual.” In permitting Hoffa campaign material to be put on a bus chartered by it, Local Union 614 made a campaign contribution, in violation of the Rules. Furthermore, the Hoffa campaign is strictly liable for its receipt.
Accordingly, the protest is DENIED with respect to Wilmac, GRANTED with respect to Local Union 614 and GRANTED with respect to the Hoffa campaign’s receipt of the local union’s contribution.
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.
As noted above, SFD and Cassens have agreed to take action to instruct their employees that the affixing of campaign material to their trucks violates company policy and the Rules. The Election Officer finds that no further remedy against them is warranted.
With respect to the unknown persons who placed pro-Hoffa campaign material on the SFD and Cassens trucks, the Election Officer notes that subsequent to events recounted in this protest, the Hoffa campaign issued a strongly worded notice to campaign staff, volunteers and supporters condemning such activity, following the Election Officer’s decision in Feeley. The notice, dated September 23, 1996, from Mr. Hoffa, reads, in part:
I emphatically ask every one of you to please refrain from posting or displaying campaign material on employer vehicles or from otherwise defacing private property with our campaign materials. You are certainly free to affix bumper stickers and other materials to your own private property or vehicles, but please do not do so with employer or union vehicles or equipment.
Robert Knox
October 14, 1996
Page 1
In view of this notice and the isolated nature of these particular incidents involving the SFD and Cassens vehicles, the Election Officer finds that no further remedy against the Hoffa campaign is required at this time.
With respect to Local Union 614’s involvement in campaigning, however, the Election Officer previously addressed local union sponsorship of parade vehicles on which campaign material was displayed in Maney. With respect to such local unions, the Election Officer ordered the distribution of a notice to all officers, stewards and business agents in the form attached. Accordingly, the Election Officer orders the following:
Within three (3) days of the date of this decision, Local Union 614 shall distribute the attached “Notice to Local Union 614 Officers, Stewards, and Business Agents.” Within three (3) days after distribution is complete the local union shall file an affidavit with the Election Officer showing 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).
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
NOTICE TO LOCAL UNION 614 OFFICERS,
STEWARDS AND BUSINESS AGENTS
RE: IMPROPER USE OF EMPLOYER AND LOCAL UNION PROPERTY AND OTHER RESOURCES
The Election Officer found that Local Union 614 improperly allowed campaign material to be affixed to the side of a bus that it chartered for the Detroit Labor Day Parade. Local Union 614 is issuing this notice to clarify your role in making sure that members do not misuse employer property and resources during the International officer election.
The Election Rules protect campaigning as a personal right of members.
Employer resources or property do not belong to members and cannot be used by them to campaign.
Putting International officer campaign material on employer property, or using employer resources in order to campaign, violates the Election Rules.
You are hereby instructed to stop such activity if you see it and to remove any International officer campaign material from employer property when you find it.
Date Michael C. Bane, President
Teamsters Local Union 614
Approved by Barbara Zack Quindel, IBT Election Officer
[1]The banner reads:
Local 614 IBT
Support the Strikers
Read the Journal
No Scab Papers
[2]As a result of the Election Officer’s investigation, Mr. Walega distributed a notice to all SFD drivers and warehouse employees instructing them not to place campaign material on SFD trucks.
[3]The Definitions section of the Rules provides, “The term ‘employer’ means any individual, corporation, trust, organization or other entity that employs another . . . Except where otherwise expressly limited, ‘employer’ is not limited to an employer which has a collective bargaining agreement with the Union or which is the subject of an organizing campaign by the Union.” (Emphasis in original).