October 4, 1996
VIA UPS OVERNIGHT
James P. Hoffa
October 4, 1996
Page 1
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Ron Carey, General President
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
Ron Carey Campaign
c/o Nathaniel K. Charny
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
Gerald Zero, Secretary-Treasurer
Teamsters Local Union 705
1645 W. Jackson Boulevard
Chicago, IL 60612
John Sullivan, Associate General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond,
Ferrara & Feldman, P.C.
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334
James P. Hoffa
October 4, 1996
Page 1
Re: Election Office Case No. P-1017-LU705-CHI
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”) by James P. Hoffa, a member of Local Union 614 and candidate for general president. Mr. Hoffa alleges that an IBT-funded event, ostensibly to promote voter registration among Teamster members, will be used to campaign for the candidacy of Ron Carey, the incumbent general president and a candidate for reelection, in the Chicago area on October 6, 1996, in violation of the Rules.
Regional Coordinator Julie E. Hamos investigated the protest.
The basis for Mr. Hoffa’s protest is a flyer advertising a Local Union 705 event to be held in Chicago, Illinois on October 6, 1996. The flyer describes the event as follows:
James P. Hoffa
October 4, 1996
Page 1
TEAMSTER FAMILY PICNIC
Join Teamster General President
Ron Carey for this very special event:
* hear about plans by politicians to end over-time pay -- and how we’re fighting back.
* Get registered to vote to help protect your job and your family -- and learn how to register your friends.
[The date and location of the event are set out]
TEAMSTERS VOTE.
In addition, the flyer promises typical picnic fare, including free food and drink, music, free games and rides for children and the screening of a Chicago Bears game on a large screen television.
Mr. Hoffa made a similar allegation, based on a nearly identical flyer, in Hoffa, P-996-LU436-CLE (September 23, 1996), aff’d, 96 - Elec. App. - 245 (KC) (October 3, 1996). In that protest, Mr. Hoffa also alleged that an upcoming IBT-funded event would be used for campaign purposes by Mr. Carey. In denying that protest, the Election Officer stated:
None of the activities listed on the protested flyer constitute “advocacy for or against a candidate” in the International officer election. The advertised event is a voter registration picnic related to the U.S. presidential election, which does not inherently violate the Rules. Hoffa, supra.
If the protester or any other member believes that improper campaigning does happen at the picnic when the event actually takes place, the matter may then be raised and tested by a timely protest. See Pacheco, P-578-LU222-RMT (March 18, 1996) (risk of future improper use of membership information by local union officers does not violate rules; specific actions may be raised and tested by protest when they occur); Hill, P-409-
LU89-SCE (March 13, 1996) (potential for future campaigning at union meetings does not state violation; protest may be filed if improper campaigning occurs).
The Election Appeals Master affirmed this decision, stating, “The Election Officer properly denied the protest in the absence of proof of actual impermissible campaigning.”
James P. Hoffa
October 4, 1996
Page 1
The allegations in and the circumstances of the present protest are nearly identical to those in Hoffa, supra. Once again, the protester has failed to allege that impermissible campaigning has occurred, contending rather that such campaigning will occur at a future event.
Accordingly, 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:
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, D.C. 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