October 28, 1996
VIA UPS OVERNIGHT
Doug Roberts
October 28, 1996
Page 1
Doug Roberts
1757 Farmview
Lexington, KY 40515
Ron Carey Campaign
c/o Nathaniel K. Charny
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
Gerald Derr, President
Teamsters Local Union 651
100 Blue Sky Parkway
Lexington, KY 40509
Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond,
Ferrara & Feldman, P.C.
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334
Doug Roberts
October 28, 1996
Page 1
Re: Election Office Case No. P-1089-LU651-SCE
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by Doug Roberts, a member of Local Union 651. Mr. Roberts alleges that Local Union 651 officers and representatives of the campaign for James P. Hoffa, a candidate for general president, used a UPS accounting error that caused two months of union dues to be deducted during the month of September to promote Mr. Hoffa’s candidacy. Specifically, Mr. Roberts alleges that Local Union 651 officers and representatives of Mr. Hoffa’s campaign conspired to distribute a leaflet to UPS members that depicted Ron Carey, IBT general president and a candidate for reelection, picking the pockets of union members, leaving the impression that Mr. Carey had implemented a dues increase. Local Union 651 and the Hoffa campaign deny any knowledge of the flyer. Local Union 651 President Gerald Derr states that it was a UPS mistake that led to the deduction of the two months dues in September. Mr. Derr also denies having any knowledge of the flyer.
This protest was investigated by Associate Regional Coordinator Joe F. Childers.
The Election Officer’s investigation revealed that a dues increase affecting Local
Doug Roberts
October 28, 1996
Page 1
Union 651 members employed by UPS was scheduled to be implemented in August 1996. On July 26, 1996, Local Union 651 sent notice of the $2 dues increase to the payroll clerk at UPS. A copy of this letter was also distributed to Local Union 651 stewards for posting. When the increase was not deducted on September 1, as required by the collective bargaining agreement, Emily Murphy, a dues clerk at the local, contacted the UPS payroll department. The local union was advised that a computer led to UPS’s failure to deduct the dues increase from members’ paychecks. Thus, UPS deducted an extra $2 in October from members’ paychecks to make up for the failure to deduct in September.
Mr. Roberts claims to have received information that Hoffa supporters were distributing a campaign flyer to Local Union 651 members entitled, “Ron Carey Wants to Take Money Out of Your Family’s Pocket,” on October 7 and 8. The literature, apparently from Hoffa supporters, makes no reference to Local Union 651, UPS or the employer’s action regarding dues. The flyer refers generally to Mr. Carey’s attempts to increase dues. There is nothing in the flyer that appears specifically directed to Local Union 651 members. The flyer urges the reader to “Vote the Jim Hoffa-No Dues Increase Slate.”
Article XII, Sections 1(b)(1) and (3) of the Rules prohibit a union from using its funds “to promote the candidacy of any individual.” The Rules define campaign contribution broadly to include any direct or indirect contribution where the purpose, object or foreseeable effect of that contribution is to influence the election of a candidate. Rules, Definitions, 5.
Here, no evidence has been presented by the protester that any agent of Local Union 651 manipulated the timing of the required dues increase to enhance the campaign flyer’s criticism of Mr. Carey. The evidence is that UPS committed the deduction error despite timely efforts by the local union to ensure that dues were deducted properly.
In consideration of the foregoing, 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
Doug Roberts
October 28, 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
Joe F. Childers, Associate Regional Coordinator