Protest Decisions

              November 21, 1996

VIA FACSIMILE & UPS OVERNIGHT

Brad Swannie

November 21, 1996

Page 1

Brad Swannie

10823 85-A Avenue

Delta, BC  V4C 2V2

Ernie Hawthorne, President

Lower Mainland Fast Freight, Inc.

2965 Lake City Way

Burnaby, BC  V5A 2Z9

Fax (604) 420-0605

Garnet Zimmerman, President

Teamsters Local Union 31

1 Grosvenor Square

Delta, BC  V3M 5S1

Fax (604) 540-6073

Ron Carey Campaign

c/o Richard Brook

Cohen, Weiss & Simon

330 W. 42nd Street

New York, NY  10036

Fax (212) 695-5436

James Hoffa Campaign

c/o Bradley T. Raymond

Finkel, Whitefield, Selik, Raymond,

  Ferrara & Feldman

32300 Northwestern Highway, Suite 200

Farmington Hills, MI  48334

Fax (810) 855-6501

Brad Swannie

November 21, 1996

Page 1

Re:  Election Office Case No. P-1262-LU31-PNW

Gentlemen:

Brad Swannie, a member of Local Union 31, 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”) alleging that Lower Mainland Fast Freight, Inc. (“Lower Mainland”), an IBT employer, inserted campaign literature for the Jim Hoffa-No Dues Increase-25 & Out Slate (“Hoffa slate”) in the pay envelopes of the IBT members, in violation of Article XII, Section 1 of the Rules.

The employer responds that it has used pay envelopes in the past to communicate with employees on union matters, and did not realize that the protested action could be perceived as an endorsement by Lower Mainland of the Hoffa slate.

Brad Swannie

November 21, 1996

Page 1

The Hoffa campaign states that it has no knowledge of this incident and asserts that Mr. Hoffa has never sought assistance from an employer for his campaign.  Local Union 31 likewise asserts that it was unaware of this incident. 

Regional Coordinator Christine M. Mrak investigated this protest.

The investigation conducted by the Election Office revealed the following facts.  Lower Mainland is a company located in Burnaby, British Columbia and employs 55 members of Local Union 31 as truck drivers.  Ernie Hawthorne is the president, general manager and owner of the company.  On November 12 or 13, 1996, Mr. Hawthorne received a visit from Richard Matricardi, a business agent of Local Union 31 who represents Lower Mainland’s Teamster employees, and another local union business agent whose name Mr. Hawthorne did not know.  Mr. Matricardi handed Mr. Hawthorne some Hoffa campaign literature and asked him to post the material on the union bulletin board and place it in the lunchroom.

Lower Mainland does not have a lunchroom for its employees.  Mr. Hawthorne posted one piece of the material on the union bulletin board and inserted the remainder in the pay envelopes of his truck drivers.  Lower Mainland pays its employees on the 15th and the last day of each month.  Mr. Hawthorne states that he has communicated with the truck drivers before through their pay envelopes, i.e., to remind them of a contract ratification vote.  According to Mr. Hawthorne, he did not examine the literature closely, nor does he have any interest in who wins the International union officer election.

The material in question is approximately the size of a dollar bill and has printing

on both sides.   The front side has the slogan “Stop Ron Carey’s Dues Increase” at the

top, following which the member is urged to vote for James P. Hoffa, Tom Baldwin and

Garnet Zimmerman,[1] the “No Dues Increase Slate,” in November.  Under a photograph of Mr. Hoffa, the following phrases appear:  “No New Dues!  No More Corruption!  No More Sellout Contracts!”  The last line on the front states, “Fire Carey - Hire Hoffa.”

The back of the campaign material sets forth a message from Mr. Hoffa which begins, “As your next GENERAL PRESIDENT I will fight to put your interests FIRST.”  (Emphasis in original).  Under the words “Canadian Autonomy,” the text reads:

I fully recognize that Canadian Teamsters live in Canada

with different languages, laws and needs and will appoint a Committee including rank and file members to study and make recommendations on the relationship between the I.B.T. and Teamsters Canada.  Louis Lacroix, International V.P., President of Teamsters Canada will form part of the Hoffa General Executive Board.

Brad Swannie

November 21, 1996

Page 1

The message is signed “Jimmy Hoffa 96.”  Underneath the signature appears the address and telephone and facsimile numbers for the “Zimmerman Campaign Office” in

New Westminster, British Columbia. 

As stated above, Mr. Hawthorne inserted this material in the pay envelopes of his employees represented by Local Union 31, which were picked up by these employees on November 15, 1996.   The ballots in the International officer election were mailed to all IBT members by the Election Officer on November 7, 1996.

The Rules, at Article XII, Section 1(b)(1), state the following:

No employer may contribute, or shall be permitted to contribute, directly or indirectly, anything of value, where the purpose, object or foreseeable effect of the contribution is to influence, positively or negatively, the election of a candidate.  No candidate may accept or use any such contribution . . . No labor organization, including . . . Local Unions . . . may contribute, or shall be permitted to contribute, directly or indirectly, anything of value, where the purpose, object or foreseeable effect of the contribution is to influence, positively or negatively, the election of a candidate . . .  No candidate may accept or use any such contribution.

The material delivered by Mr. Matricardi to Mr. Hawthorne, which the latter included in the paychecks of his truck driver employees, is unquestionably campaign literature.  It is further undisputed that this literature was received by those employees on November 15, 1996, a date on which they had already received their ballots for the International officer election. 

The Election Officer considers this situation to be a blatant and serious violation of the Rules.  She does not credit Mr. Matricardi’s statement that he asked Mr. Hawthorne to post the literature only on the union bulletin board and in the lunchroom for the following reasons:  (1)  as Local Union 31’s business agent assigned to Lower Mainland, Mr. Matricardi must have known that the employer does not maintain an employee lunchroom; (2) the literature was printed on a piece of paper approximately the size of a dollar bill and a size which could fit inside a standard business envelope; and (3) as business agent, Mr. Matricardi must also have been aware that Lower Mainland would pay its employees on November 15, 1996, and timed his visit accordingly.

The Election Officer finds that Mr. Matricardi’s act of delivering campaign literature to an employer for dissemination to its employees constitutes a violation of the Rules by Local Union 31.  The Election Officer holds that Lower Mainland made an improper contribution to the Hoffa campaign by accepting this literature and inserting it in the pay envelopes of its employees on November 15, 1996.

Brad Swannie

November 21, 1996

Page 1

Furthermore, under Article XII, Section 1(b)(9) of the Rules, International officer candidates “are strictly liable to insure that each contribution received is permitted under the Rules.”  Thus, even if the Hoffa campaign was unaware of Mr. Matricardi’s action in the instant protest, the benefit gained by the Hoffa slate from the improper exposure to Lower Mainland’s employees results in a violation of the Rules on the part of the Hoffa campaign.  See Connell, P-1140-LU863-NYC (November 20, 1996); Hoffa, P-1073-IBT-MOI et seq. (November 18, 1996).

For the reasons set forth above, the protest is GRANTED.

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 and nature and seriousness of the violation,

as well as its potential for interfering with the election process.

As stated above, the Election Officer considers the violations in this case to be extremely egregious.  Local Union 31, whose principal officer is a candidate on Mr. Hoffa’s slate, made a blatant attempt to influence the votes of 55 of its members.  The Election Officer therefore, orders the following immediate remedy:

1.  By 12:00 p.m. Pacific Time, the Carey campaign may deliver, via overnight mail or facsimile, to Local Union 31 two pieces of campaign literature, printed on one side and no larger than 8½11-inches.

2.  Within 24 hours of receipt of this decision, Local Union 31 will mail the attached “Notice to Local Union 31 Members Employed by Lower Mainland Fast Freight, Inc.” and the Carey campaign literature to every member of Local Union 31 employed by Lower Mainland.  The Notice and campaign literature shall be mailed in the same envelope and not accompanied by any other material.  Should the Carey campaign choose not to send campaign literature to Local Union 31, the Notice must be still be mailed within the period set forth above.  Within two (2) days of receipt of this decision, Local Union 31 shall file an affidavit with the Election Officer demonstrating compliance with this order.

3.  Lower Mainland and Local Union 31 shall immediately cease and desist from attempting to influence in any way the vote of members in their choice of candidates in the International officer election.

4.  The Hoffa campaign shall immediately cease and desist from accepting improper employer and local union contributions under the Rules.

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).

Brad Swannie

November 21, 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, 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

Christine M. Mrak, Regional Coordinator

NOTICE TO LOCAL UNION 31 MEMBERS EMPLOYED

BY LOWER MAINLAND FAST FREIGHT, INC.

The Election Officer has ruled that the campaign literature distributed to you in your pay envelopes was a totally improper attempt by Lower Mainland Fast Freight and Local Union 31 to influence your vote in the International officer election.  The Election Rules prohibit any employer or union from contributing in any way to the support or attack of a candidate. 

_________________________                                          ______________________________

Date                                                                                                  Barbara Zack Quindel

Election Officer

This is an official notice which is being distributed by order of Election Officer Barbara Zack Quindel.