November 25, 1996
VIA FACSIMILE
James P. Hoffa
November 25, 1996
Page 1
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Fax (313) 568-4921
John L. Green, Sr., President
Teamsters Local Union 50
1609 N. Illinois Street
Belleville, IL 62226
Fax (618) 233-2317
Leroy Ellis, Jr.
Stand Up for Teamsters for Slate
10733 S. Western Avenue
Chicago, IL 60643
Fax (312) 445-9984
Nathaniel K. Charny
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
Fax (212) 695-5436
Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond,
Ferrara & Feldman
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334
Fax (810) 855-6501
James P. Hoffa
November 25, 1996
Page 1
Re: Election Office Case No. P-1279-LU50-NCE
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
James P. Hoffa, a member of Local Union 614 and a candidate for general president.
Mr. Hoffa alleges that Local Union 50 used its phones and membership records to conduct
a phone bank to support the candidacy of Ron Carey, incumbent general president, in violation of the Rules. He also alleges that during the phone-banking, call recipients were informed that Local Union 50 endorsed Mr. Carey’s candidacy.
James P. Hoffa
November 25, 1996
Page 1
Local Union 50 admits that local union phones and membership records were used to conduct the phone banking. The local union denies that individuals called by the phone bank were told that the local union endorsed Mr. Carey.
Regional Coordinator Judith E. Kuhn investigated the protest.
The Rules, at Article VIII, Section 11(c), state, in relevant part:
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.
In the current protest, the local union did not make its resources available to anyone but representatives of the Carey campaign. In addition, the Carey campaign has not reimbursed the local union for the use of its resources.
The investigation revealed that the phone bank workers identified themselves to call recipients as calling “from Teamsters Local 50.” The callers, reading from a prepared script, then stated, “If you haven’t [voted yet], I’d like you to consider the Ron Carey slate.” The script provided during the investigation matches the reports of call recipients interviewed during the investigation. Given these facts, the Election Officer does not find that the local union endorsed Mr. Carey’s candidacy. As the Election Officer has previously stated, a campaigner may identify his or her local union affiliation or position with the local union in the course of campaigning. Identifications of this kind do not amount to endorsement.
The local union admits to violating the Rules by providing resources for the phone bank. Accordingly, the protest is GRANTED as it concerns this issue and DENIED in all other respects.
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 the nature and seriousness of the violation, as well as its potential for interfering with the election process.
Local Union 50 failed to provide equal access to its facilities to all candidates and the Carey campaign failed to reimburse the local union for the receipt of its services and the use of its equipment. As a result, the Election Officer orders the following:
James P. Hoffa
November 25, 1996
Page 1
1. The Jim Hoffa-No Dues Increase-25 & Out Slate and the Stand Up for Teamsters Slate must be permitted by Local Union 50 to use local union telephones and records to campaign for four hours each after close of business at the local union’s offices. The local union will make its resources available, in the same manner they were made available to the Carey campaign, to these slates on any one weekday evening identified by the slate representatives. If a slate chooses to use these resources to campaign, it must pay the local union the fair-market value of such use.
2. Within three (3) days of the receipt of this decision, the local union will provide the Carey campaign and the Election Officer with a bill for the fair-market value of the resources used during the phone-banking, including use of all equipment, utilities, supplies, labor, room and data.
3. Within one (1) day of the receipt of this bill, the Carey campaign shall reimburse the local union the amount of the bill.
4. The Carey campaign will immediately cease and desist from using union resources to campaign.
5. The Carey campaign will submit an affidavit to the Election Officer indicating its compliance with this order on the day it reimburses Local Union 50.
6. Mr. Green will sign and post the enclosed “Notice to Members of Local Union 50” on all bulletin boards at the local union’s offices within one (1) day of the receipt of this decision. The Notice will remain posted, unobstructed and unobscured, until December 10, 1996.
7. Immediately after issuing the bill to the Carey campaign, the local union will submit an affidavit to the Election Officer indicating compliance with this order.
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).
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
James P. Hoffa
November 25, 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, 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 E. Kuhn, Regional Coordinator
NOTICE TO MEMBERS OF LOCAL UNION 50
The Election Rules state that local union resources shall not be used to support or attack the candidacy of any individual or slate.
The Election Officer has found that Local Union 50 violated the Election Rules when supporters of Ron Carey were allowed to use local union facilities and membership records to make calls to members to support Mr. Carey’s slate. The local union did not offer such access to any other candidate or slate. The Election Officer has directed the Carey campaign to reimburse the local union for the use of these resources and ordered that Local Union 50 provide equal access to other slates who might wish to use its facilities to campaign, provided they reimburse the local union for the use of such facilities.
________________________ _______________________________
Date John L. Green, Sr., President
Teamsters Local Union 50
This is an official notice which must remain posted until December 10, 1996. This notice must not be defaced or altered in any manner or be covered with any other material.
Approved by Barbara Zack Quindel, IBT Election Officer.