November 1, 1996
VIA UPS OVERNIGHT
David Eckstein
November 1, 1996
Page 1
David Eckstein
Field Services
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
Frank J. Wsol, Secretary-Treasurer
Teamsters Local Union 710
4217 S. Halsted Street
Chicago, IL 60609
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
David Eckstein
November 1, 1996
Page 1
Re: Election Office Case No. P-1054-LU710-CHI
Gentlemen:
David Eckstein, a member of Local Union 661, 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”) against Local Union 710, and Local Union 710 Secretary-Treasurer Frank J. Wsol. The protester contends that two full-size intercity billboards were situated across from the local union’s offices containing language which constituted a local union endorsement of James P. Hoffa, a candidate for general president, in violation of the Rules.
Local Union 710 contends that the billboards were not financed by the local union and that the local union has not endorsed anyone.
The protest was investigated by Regional Coordinator Julie E. Hamos.
On September 30, 1996, two billboards that had campaign messages for Mr. Hoffa went up across the street from Local Union 710’s offices. One billboard read:
David Eckstein
November 1, 1996
Page 1
VOTE HOFFA ‘96
RESTORE THE PRIDE
The second billboard read:
HOFFA ‘96
WE WILL REMEMBER IN NOVEMBER
On both billboards, in a triangular area in the bottom left corner was written “LU 710.” The reference to the local union was smaller than the other billboard text, but visible at a distance.
The investigation revealed that the billboards were purchased from the Patrick Media Group by the Experienced Leadership Fund (“Fund”), a campaign fund that supports candidates for local union office in Local Union 710. The Fund was established in 1985 and accepts voluntary contributions. The Fund has no officers or bylaws. Contributions are made directly to the Fund; there is no deduction made by the local union from the wages of local union employees. The Fund does not maintain its books or checks at the local union. It is administered by an individual at his home. Therefore, the Fund is not administered through the local union. Based upon the investigation, therefore, the Election Officer finds that the Fund is an independent committee entitled to participate in campaign activities under the Rules. See Article XII, Section 1(b)(5).[1]
Although the billboards were not financed by the local union, they still constitute a prohibited campaign contribution. The Rules explicitly prohibit campaign contributions by a local union in the form of an endorsement unless the endorsement is given by a union official or employee in his or her personal capacity. Thus, Article VIII, Section 11(b) reads, in pertinent part:
The Union or a Local Union as such or the General Executive Board or an Executive Board of a Local Union as such may not endorse or otherwise advance a candidacy, even if all members agree on the endorsement or candidacy.
David Eckstein
November 1, 1996
Page 1
Here, “LU 710” was displayed on the billboard in such a fashion as to convey the message that Local Union 710 endorses Mr. Hoffa’s candidacy. By virtue of the proximity of the billboards to the local union hall, Local Union 710 officials were aware that the local union’s name was displayed on the billboard conveying the impression of an endorsement. By allowing this, Local Union 710 acted in violation of the Rules.
Accordingly, the protest is GRANTED as to the prohibited endorsement, 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.
After the protest was filed, the local union caused the references to Local Union 710 to be removed from the billboards. This occurred on October 17, 1996. Thus, the billboards containing the prohibited endorsement language remained up for 17 days. To remedy the improper endorsement of Mr. Hoffa by Local Union 710, the Election Officer orders the following:
1. Local Union 710 shall cease and desist from endorsing any International officer candidate or allowing its name to be used in such a manner that gives the appearance of an endorsement.
2. Within three (3) days of receipt of this decision, Local Union 710 Secretary-Treasurer Frank J. Wsol will sign the attached notice and post it on all local union bulletin boards in the local union hall and on employer work sites. This notice shall remain posted through December 10, 1996. Within two (2) days of the date on which the posting is completed, Local Union 710 shall file an affidavit with the Election Officer demonstrating 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:
David Eckstein
November 1, 1996
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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
TO ALL MEMBERS OF LOCAL UNION 710
On September 30, 1996, two billboards went up across from the Local Union 710 offices which included the words “LU 710” in campaign billboards supporting an International officer candidate. These references have now been removed. Such references to Local Union 710 were endorsements in violation of the Election Rules.
Local Union 710 does not endorse any candidate in the International Officer election.
_____________________________
Frank J. Wsol, Secretary-Treasurer
Teamsters Local Union 710
This is an official notice which must remain posted through December 10, 1996 and must not be defaced or altered in any manner or be covered with any other material.
Approved by Barbara Zack Quindel, IBT Election Officer.
[1]The Fund, which purchased the billboards for $2,000 will be required to report this expenditure on the next Campaign Contribution and Expenditure Report (“CCER”).
Mr. Hoffa is also required to report the contribution from the Fund on his next CCER. The Fund has not filed any CCERs to date. Assuming this was their first contribution, the Fund must file a CCER by January 1, 1997. If the Fund has made prior contributions in excess of $1,000, it must immediately file any past due reports with the Election Officer.