November 20, 1996
VIA UPS OVERNIGHT
John Kaufman
5955 Oakwood
Lisle, IL 60532
Chester Glanton, President
Teamsters Local Union 743
300 S. Ashland Avenue
Chicago, IL 60607
Re: Election Office Case No. P-1205-LU743-CHI
Gentlemen:
John Kaufman, a member of Local Union 705, 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 Chester Glanton in his capacity as secretary-treasurer of Local Union 743. The protester alleges that Local Union 743 has permitted its telephone equipment to be utilized in connection with a phone bank operation supporting the candidacy of James P. Hoffa for general president. On behalf of Local Union 743, Mr. Glanton responds that no phone-banking has occurred using any union equipment or facilities.
The protest was investigated by Regional Coordinator Judith Kuhn.
The protester states that on November 8, 1996, he retrieved a message from his home answering machine from the Hoffa campaign. The message had been left at approximately 2:00 p.m. His caller identification readout showed the number-verification feature had been blocked.
John Kaufman
November 20, 1996
Page 1
At about 6:00 p.m. that evening, according to the protester, another message was left on the protester’s telephone. This message was also from the Hoffa campaign. This time, the caller identification device read “Local Union 743” and, according to the protester, identified the telephone number as (312) 829-8350. The Election Officer finds that this telephone number is listed in a local telephone book as having been assigned to Local Union 743. The protester could not recall the exact words used in the message. He does believe that the message was, in substance, as follows:
Hello, Mr. Kaufman. I’m a Jim Hoffa, Jr. supporter. We’d like your support for the Hoffa No-Dues-Increase Slate.
Mr. Kaufman did not save the tape containing the message and the recording has since been erased. He did not photograph or otherwise memorialize the caller identification readout.
On November 14, 1996, John Risdon, a member of Local Union 330, received a telephone call from a Hoffa campaign worker. His caller identification system showed that the call originated at (708) 749-0199 and was listed for “Local 743.” He took a photograph of the readout and also preserved the tape. The Election Officer finds that (708) 749-0199 is the telephone number assigned to the Hoffa Campaign Headquarters in Berwyn, Illinois.
Mr. Glanton states that no phone-banking has been operated out of Local Union 743 and that no union equipment has been utilized in connection with any such operation. He further states that the telephone number 829-8350 is an old number which currently connects only through Local Union 743’s main switchboard. This switchboard is closed at 5:00 p.m. on Friday nights.
Article VIII, Section 11(c) of the Rules bars a union from providing any of its resources to a candidate:
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.
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 evidence presented here is insufficient to show use of Local Union 743 telephones for campaign purposes.
Accordingly, the protest is DENIED.
John Kaufman
November 20, 1996
Page 1
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
Judith Kuhn, Regional Coordinator