October 25, 1996
VIA UPS OVERNIGHT
Greg Rule
October 25, 1996
Page 1
Greg Rule
3113 California, N.E.
Albuquerque, NM 87110
Robert Younger, Secretary-Treasurer
Teamsters Local Union 492
4269 Balloon Park Road, N.E.
Albuquerque, NM 87109
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
Greg Rule
October 25, 1996
Page 1
Re: Election Office Case No. P-1031-LU492-RMT
Gentlemen:
Greg Rule, a shop steward for Local Union 492, 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 he saw Fidel Baca, a UPS steward, at Local Union 492’s hall carrying an “arm load of Hoffa campaign literature” out of the local union office of Business Agent Pete Castanuela on September 27, 1996. In addition, Mr. Rule protests the use of the local union hall as a “campaign headquarters.”
The local union responds that Mr. Baca did not receive any Hoffa literature from
Mr. Castanuela. Mr. Baca asserts that Mr. Castanuela gave him grievance forms on that date.
Regional Coordinator Jonathan Wilderman investigated this protest.
The investigation revealed that while at the local union hall on September 27, 1996, Mr. Rule saw Mr. Baca leaving Mr. Castanuela’s office. Mr. Rule told the Regional Coordinator that when Mr. Baca left Mr. Castanuela’s office, he “clearly observed a Hoffa sticker on the object or papers [Mr. Baca] was carrying.” However, Mr. Rule admits that he did not have any other information as to what Mr. Baca was carrying.
Greg Rule
October 25, 1996
Page 1
Messrs. Castanuela and Baca assert that “no campaign literature was involved” and that Mr. Baca was carrying grievance forms Mr. Castanuela had given him. Mr. Baca supplied the Regional Coordinator with a notarized statement to that effect.
Mr. Rule also alleges that he has seen Hoffa campaign caps on the shelves behind
Mr. Castanuela’s desk and that campaign material has been set up in a glass case near the offices at the local union hall. Robert Younger, secretary-treasurer of Local Union 492, responds that he polices the offices and that there are no hats on the shelves behind
Mr. Castanuela’s desk.
Finally, Mr. Rule alleges that local union member Bob McDonald placed Carey campaign materials for distribution on that case, but they disappeared within a short time.
Mr. Younger states that the glass case has been used for the distribution of Hoffa and Carey campaign material.
Article XII, Section 1(b)(4) of the Rules states:
No member may campaign for him/herself or for any other candidate during time that is paid for by the Union or by any employer. However, campaigning incidental to work or regular Union business or during paid vacation, paid lunch hours or breaks, or similar paid time off is not violative of the campaign contribution rules.
Mr. Rule did not provide any evidence that Messrs. Castanuela and Baca were engaging in campaigning on union time other than his suspicion that Mr. Baca was carrying Hoffa campaign materials out of Mr. Castanuela’s office.
The Election Officer credits the testimony of Messrs. Castaneula and Baca that
Mr. Baca was not carrying campaign materials while working at the local union. These witnesses are consistent in their denials. Moreover, Mr. Rule admits that he is unsure of what papers Mr. Baca was carrying. In these circumstances, the Election Officer will not find a violation of the Rules.
Mr. Rule’s other allegation concerns the storage of campaign materials on local union premises.
Article VIII, Section 11 (c) of the Rules states, in relevant part:
Union funds, facilities, equipment, stationery, personnel, etc., may not be used to assist in campaigning unless the Union is reimbursed at fair market value for such assistance, and unless all candidates are provided equal access to such assistance and are notified in advance, in writing, of the availability of such assistance. . . .
Greg Rule
October 25, 1996
Page 1
The Election Officer has prohibited the use of union resources in campaigning even when such use is isolated or slight. Olson, P-172-LU70-CSF (November 1, 1995) (use of union telephone for three calls of short duration to assist in campaigning during work time); Yeakel, P-762-LU773-PNJ (June 5, 1996) (barring display of campaign hats along with union hats in union office); Miller, P-504-LU147-MOI (April 23, 1996) (local union made its office available to a campaign as the location to pick up a raffle prize); Hoffa, P-865-IBT-MGN (August 26, 1996) (use of union telephone and use of office for brief meetings).
The use of the local union as a storage facility for campaign materials would be a violation of the Rules. Mr. Rule, however, did not provide the Election Officer with sufficient evidence that the local union was being used as a storage facility.
As to the protester’s allegation concerning the distribution of campaign material on the glass case, Mr. Younger states that he polices the local union and that materials for the Carey and Hoffa campaign have been left on the glass case for distribution. Article VIII,
Section 5(a)(4) of the Rules permits the local union to have literature distribution tables, provided this is done in a non-discriminatory manner. The protester states that a local union member had placed Carey campaign materials on the distribution table and that they had quickly disappeared. The Election Officer cannot conclude from these facts that the union is discriminating against the Carey campaign. The Election Officer finds that there is insufficient evidence to support a claim of discrimination in regard to the literature table.
For the foregoing reasons, this 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
Greg Rule
October 25, 1996
Page 1
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
Jonathan Wilderman, Regional Coordinator