November 25, 1996
VIA UPS OVERNIGHT
Ken Mee
November 25, 1996
Page 1
Ken Mee
42356 Greenbrier Park Drive
Fremont, CA 94538
Bernie Ward
KGO Radio
900 Front Street
San Francisco, CA 94111
Dvora Rabino
ABC, Inc.
77 W. 66th Street, 16th Floor
New York, NY 10023
Ron Carey Campaign
c/o Nathaniel K. Charny
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond,
Ferrara & Feldman
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334
Ken Mee
November 25, 1996
Page 1
Re: Election Office Case Nos. P-1250-JHS-CSF
P-1274-JHS-CSF
Gentlepersons:
Ken Mee, a member of Local Union 287 and a candidate for Western Region vice president on the Ron Carey No Corruption-No Dues Increase Slate (“Carey slate”), filed two
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”) against radio station talk show host Bernie Ward of KGO Radio (“KGO”) in the San Francisco Bay area. In P-1250-JHS-CSF, Mr. Mee alleges that Mr. Ward endorsed James P. Hoffa for general president, in violation of the Rules. In P-1274-JHS-CSF, Mr. Mee alleges that Mr. Ward endorsed Chuck Mack for International vice president, in violation of the Rules. Mr. Mee also states that the Hoffa slate “has embarked on a systematic routine of violating the election rules,” alleging specifically that “Chuck Mack . . . has repeatedly campaigned without allowing the Ron Carey slate members equal access.” Mr. Mee asks for a “sweeping ruling” against the Hoffa slate to restore fairness.
Ken Mee
November 25, 1996
Page 1
The Hoffa campaign responds that it had no knowledge or information regarding the broadcasts. In addition, the Hoffa campaign asserted the “media exception” to the prohibition in the Rules on employer campaign contributions, stating that neither Mr. Hoffa nor his campaign controls Mr. Ward’s broadcasts.
Adjunct Regional Coordinator Victoria Chin investigated this protest.
1. Allegations Concerning the Radio Broadcasts
The investigation revealed that on November 12, 1996, Mr. Ward, host of KGO Radio “NewsTalk,” interviewed Mr. Hoffa. During the interview, Mr. Hoffa stated that he was in the Bay area to campaign and “get out the vote,” because the ballots for the International officer election had been mailed. Mr. Ward asked Mr. Hoffa to comment on labor unions’ spending
$35 million on the recent national election and the Republicans’ wanting to retaliate against unions. Mr. Hoffa spoke about how unions help all people--not just union members--citing, for example, that by campaigning for a raise in the minimum wage the unions were helping everyone.
Mr. Ward wished Mr. Hoffa luck and stated that he hoped Mr. Hoffa would win. He stated that he would “love to see the spirit of reform roll through the Teamsters,” and that he was hoping for a revitalized labor movement in this country to add some balance back to the wages and working conditions of working people. Mr. Ward stated that he hoped that if Mr. Hoffa were elected, he would push for these issues.
Mr. Hoffa commented on the need for reform and reiterated that the labor movement helps all working people. Mr. Ward wished Mr. Hoffa good luck and closed by stating that
Mr. Hoffa was running for president of the Teamsters union, and that if one were a Teamster and voting, to “seriously consider the candidacy” of Mr. Hoffa.
On November 19, 1996, Mr. Ward interviewed Ron Carey, the incumbent general president of the IBT and a candidate for reelection. Mr. Ward asked Mr. Carey why he was running for reelection. Mr. Carey replied that he decided to run again because five years ago he was concerned with corruption in the union and that since then the union had made great strides in putting the union back in the hands of the members. Mr. Carey added that the union was standing up to employers and getting good contracts for its members.
Mr. Ward stated that he knew Western Region vice-presidential candidate Chuck Mack and that Mr. Mack supported Mr. Carey’s opponents. Mr. Ward then asked Mr. Carey if Mr. Mack was corrupt. Mr. Carey replied that he could not comment on that, but he commented on Mr. Hoffa’s ties to Alan Dorfman and indicated that Mr. Hoffa represents the weakness and corruption of the IBT’s past.
Ken Mee
November 25, 1996
Page 1
Mr. Ward wished Mr. Carey luck and stated that he “hoped the people decide whichever way they are going to.” He added that he hoped Mr. Carey was very successful. Mr. Ward concluded by stating that Mr. Carey was running for president of the Teamsters and that Mr. Carey would like those who are Teamsters to vote for him.
Mr. Ward then interviewed Mr. Mack. Mr. Mack stated that he supports Mr. Hoffa in the upcoming election. Mr. Ward informed Mr. Mack that Mr. Carey had just said that Mr. Hoffa wanted to lead the union back to the days of corruption. Mr. Mack responded that this was not true and that Mr. Carey’s statement was a smokescreen because there was “no record over the past five years.” He stated that the issue was not corruption or a lack of democracy, but rebuilding the strength and power of the union for negotiating good collective bargaining agreements. Mr. Mack stated that he believed union officials had a higher ethical standard than business persons, that he was proud of the democratic tradition of the organization, and that they needed to build up power and strength to deal with corporations and the government.
Mr. Ward stated that he knew Mr. Mack and that he knew Mr. Mack was a “stand up kind of guy.”
Article XII, Section 1(b)(1) of the Rules states, in pertinent part:
No employer may contribute, or shall be permitted to contribute, direct or indirectly, anything of value, where the purpose, object or foreseeable effect of that contribution is to influence, positively or negatively, the election of a candidate. No candidate may accept or use any such contribution.
The Election Officer has recognized a broad exception to the rule on campaign contributions for “publications intended for and dessiminated [sic] to the general public,” as to which “[t]he First Amendment of the U.S. Constitution requires . . . the greatest latitude in exercising the right to communicate.” Hoffa, P-743-IBT-SCE (May 23, 1996). Thus, under the “media exception” to the regulation of campaign contributions, the Election Officer does not exercise jurisdiction over “newspaper or magazine articles published by entities which are not owned or whose editorial policies are not controlled by candidates or committees acting on behalf of candidates.” The media exception also applies to cable and broadcast media. Pressler, P-365-LU705-CHI (February 22, 1996).
The Election Officer finds that these radio interviews fall squarely within the media exception.
2. Allegations of the Hoffa Slate’s “Pattern of Violations”
With respect to Mr. Mee’s request for a general remedy against the Hoffa campaign,
Mr. Mee alleges that “[t]he slate headed by Jimmy Hoffa, Jr. has embarked on a systematic routine of violating the election rules.” His support for that allegation is his charge that
“Chuck Mack of Local 70 and JC-7 has repeatedly campaigned without allowing the Ron Carey slate members equal access.” The Election Officer finds no basis on this record to support these allegations.
Ken Mee
November 25, 1996
Page 1
For the foregoing reasons, 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
Victoria Chin, Adjunct Regional Coordinator