Protest Decisions

October 29, 1996

VIA UPS OVERNIGHT

James P. Hoffa & David Eckstein

October 29, 1996

Page 1

James P. Hoffa

2593 Hounds Chase

Troy, MI 48098

David Eckstein, Field Services

International Brotherhood of Teamsters

25 Louisiana Avenue, N.W.

Washington, DC 20001

Ron Carey, General President

International Brotherhood of Teamsters

25 Louisiana Avenue, N.W.

Washington, DC 20001

John Sullivan, Associate General Counsel

International Brotherhood of Teamsters

25 Louisiana Avenue, N.W.

Washington, DC 20001

Ron Carey Campaign

c/o 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

James P. Hoffa & David Eckstein

October 29, 1996

Page 1

Re:  Election Office Case Nos.              P-1128-IBT-EOH

P-1129-EO-EOH

Gentlemen:

Pre-election protests pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) were filed by

James P. Hoffa & David Eckstein

October 29, 1996

Page 1

James P. Hoffa, a candidate for general president and David Eckstein, a member of Local Union 661, and a supporter of the Ron Carey No Corruption-No Dues Increase Slate (“Carey slate”).  In P-1128-IBT-EOH, Mr. Hoffa contends that the IBT and the editors of Teamster magazine violated the Rules when they acted to insert the Election Officer’s “voting instructions” into the November issue of the magazine in the middle of the Jim Hoffa-No Dues Increase-25 & Out Slate (“Hoffa slate”) pooled campaign space in the magazine.  Mr. Hoffa contends this action disrupted the slate’s presentation.  In P-1129-EO-EOH, Mr. Eckstein charges that since the insert of the Election Officer’s “voting instructions” falls in the center of the Hoffa slate’s 12-page advertisement, it “unfairly and with great prejudice advances the Hoffa Campaign.”  Both Messrs. Hoffa and Eckstein urge the Election Officer to order a campaign mailing for the slate which the protester supports.

These protests were investigated by Election Office Protest Chief Benetta Mansfield.

Pursuant to Article V, Section 2 of the Rules, the Notice of International Officer Election was required to be published in English and Spanish in the October and November 1996 issues of Teamster magazine.  In addition, under Article VIII, Section 10 of the Rules, accredited candidates have the right to have campaign literature published in the November/

December issue of the magazine.  Under Article VIII, Section 10(a)(2), accredited or nominated candidates may pool the campaign literature space in the magazine.  As a result, in the November/December issue of the magazine the Hoffa, Carey and Stand Up for Teamsters (“Stand Up slate”) slates chose to pool their space.  Thus, the Hoffa and Carey slates were entitled to 13 pages of campaign material, and the Stand Up slate was entitled to 2¾ pages of campaign material. 

During the 1991 election, Election Officer Michael Holland placed a special insert with voting instructions on heavy stock paper into the November 1991 issue of The International Teamster magazine.  The insert was perforated so that it could be easily removed and retained by IBT members.  The voting instructions were in English, Spanish and French.  The insert was stapled into the magazine so that it was placed inside the front and back covers of the magazine.

During the current election, the Election Officer determined that similar voting instructions would appear in the November/December 1996 issue of Teamster magazine, to ensure that the members were informed as to how to properly complete the ballot that would be mailed to them.[1]

With respect to candidate materials and Election Office notices and instructions that appear in the magazine, throughout the election process the Election Office has dealt directly with representatives of DeLancey Printing, the printing firm which prepares the magazine for press.  Following the submission of materials to DeLancey, the Election Office reviews the final blueline that will be given to the production company.  The camera-ready materials are then personally transported by DeLancey representatives to the press operation, World Color in Arizona.  At no time does the Election Officer or DeLancey Printing advise or consult with the IBT with respect to the content or layout of candidate materials.  The only communication regarding these materials with the IBT involves the number of pages of candidate materials and where such pages will start and end.

James P. Hoffa & David Eckstein

October 29, 1996

Page 1

In the Spring of 1996, the Election Officer notified the IBT that she intended to have the same type of voting instructions insert that appeared in November 1991 in order that appropriate special heavy paper stock could be ordered for production in sufficient time to be available for the November/December 1996 issue.  At this time the Election Officer also advised DeLancey that voting instructions would be included in the November/December issue and would be placed inside the front and back covers, as in 1991.  These specific instructions were again given in the meetings with DeLancey to review the Election Office and candidate materials for the November/December issue, and the Election Officer provided DeLancey with a copy of the November 1991 magazine as the model for what was planned.  The Election Officer approved this issue of the magazine with the voting instructions insert inside the front and back covers.

The investigation into this matter reveals that DeLancey sent the voting instructions insert ahead of the remainder of the magazine copy because it was a separate print job and was produced before the printing of the rest of the magazine.  DeLancey gave World Color verbal instructions to place the insert inside the front and back covers.  However, when the magazine job reached the bindery at World Color, the supervisor did not receive such instructions and began binding the insert, as is common industry practice, in the centerfold of the magazine.

The Election Officer had arranged with the printer to receive 50 advance copies of the magazine for the Election Officer and for distribution to the slates of candidates.  These copies were received by the Election Office on October 21, 1996.  An examination of an advance copy of the publication revealed that, rather than being inside the front and back covers, the voting instructions insert was placed in the center of the magazine between pages 28 and 29 of the magazine, which is between the eighth and ninth pages of the Hoffa slate campaign materials. 

The Election Office immediately contacted DeLancey Printing which in turn contacted World Color.  The press operation revealed that the error resulted in the verbal instruction from DeLancey not being communicated to the bindery and the bindery then acting to place the insert in the customary position, that is, in the center.  There was no IBT involvement in the error.

The Election Officer finds that the error was unintentional.  The investigation further revealed that by October 21 when the Election Office discovered the placement of the insert, approximately 50 percent of the copies of the Teamster already had the insert bound in the center.  The Election Officer instructed the printer to place the insert in the remaining copies as originally instructed, inside the front and back cover.  The Election Officer further determined that repositioning of the insert in copies already printed would have to be done by hand and would take several weeks, creating an unacceptable delay in mailing the magazine to members.

On October 22, 1996, the Election Officer sent a memorandum to the slate representa-tives for nominated candidates advising them of the error.  In the memorandum, the Election Officer concluded as follows:

James P. Hoffa & David Eckstein

October 29, 1996

Page 1

I have reviewed a copy of the magazine with the voting instructions in the centerfold, and I find that it still effectively conveys the Election Officer’s voting information without affecting the campaign materials of any candidate contained in the magazine.  Further, I do not want to take any steps that would delay members from receiving the voting information and candidate material contained in the magazine . . .

Both protesters take issue with the Election Officer’s statement, claiming that the position of the voting instructions insert in the magazine prejudices their campaign.  In

P-1128, Mr. Hoffa protests that the materials interfere with his slate’s presentation of their pooled materials.  In P-1129, Mr. Eckstein argues that the placement of the insert in the center of the magazine and next to the Hoffa slate materials highlights the materials of the Hoffa slate candidates and enhances their message.  The Election Officer finds the arguments raised by both parties to be without merit.  

In Clancy, P-1052-IBT-EOH (October 9, 1996), the protester contended that the placement of the Election Officer’s voting instructions opposite of a Carey slate campaign page tied the correct way to vote to the Carey campaign.  There, the Election Officer stated:

The placement of the voting instructions in the October 1996 magazine does not convey any message to only vote for the candidate whose material is most proximate to the Election Officer material.  The Election Officer concludes, therefore, that the placement of the “How to Cast Your Vote” article in the October 1996 issue of the Teamster is in compliance with the Rules and does not favor any candidate, slate or campaign.

In this case, the Election Officer similarly finds that the placement of the insert neither favors the Hoffa slate nor disrupts the Hoffa slate’s presentation, in violation of the Rules.  The materials are clearly voting instructions from the Election Officer.  The pages are perforated.  The reader is asked to “read these instructions, tear out the page and keep it until after you have voted.”  The Hoffa campaign literature is continued as regular pages of magazine paper stock.  The fact that the insert is on heavy paper clearly distinguishes it from other portions of the magazine.   

Mr. Eckstein argues that the insert containing the words “!IMPORTANT!” and “VOTE-VOTE-VOTE” directly across from page 28 of the Hoffa campaign literature draws special attention to that page, as does the French language portion of the insert directly across from page 29 of Hoffa slate material.  Mr. Eckstein argues that the insert draws the attention of members, and particularly French-speaking members, to Mr. Hoffa’s campaign literature.  The Election Officer finds that the distinctive nature of the Election Officer insert and its placement in the centerfold of the magazine, as is customarily done with inserts, do not draw unfair attention to these campaign materials nor do they convey any type of Election Officer endorsement of them.  

James P. Hoffa & David Eckstein

October 29, 1996

Page 1

The Election Officer does not find that either slate’s presentation of materials was prejudiced by the placement of the voting instruction insert in the centerfold of certain copies of the magazine.

Accordingly, the protests are 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, 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