October 29, 1997
VIA UPS OVERNIGHT
Rick Torres
October 29, 1997
Page 1
Rick Torres
529 Cleveland
Lincoln Park, MI 48146
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
James P. Hoffa Slate
c/o Patrick J. Szymanski, Esq.
Baptiste & Wilder
1150 Connecticut Ave., N.W.
Suite 500
Washington, DC 20036
Joseph Valenti, President
Teamsters Local Union 214
2825 Trumbull Avenue
Detroit, MI 48216
Ron Carey Campaign
c/o Susan Davis, Esq.
Cohen, Weiss and Simon
330 W. 42nd Street
New York, NY 10036
Bradley T. Raymond, Esq.
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
Rick Torres
October 29, 1997
Page 1
Re: Election Office Case No. PR-015-LU214-EOH
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 Rick Torres, a member of Local Union 372, against James P. Hoffa, a candidate for general president, the Hoffa Campaign, and Local Union 214. The protester alleges that members of Local Union 214 affixed a Hoffa campaign poster to the exterior of a Local Union 214 building, in violation of the Rules. Both Mr. Hoffa and Local Union 214 admit that the poster was on the outside of the local union building but state that it has been removed.
This protest was investigated by Election Office Staff Attorney Peter F. Gimbrère.
Rick Torres
October 29, 1997
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Mr. Torres stated that on October 15, 1997, he first saw a poster supporting Mr. Hoffa on the side of the Local Union 214 building. He photographed the poster on October 17. The poster read, “Hoffa ‘97: Restore Teamster Power” and was approximately three three feet by two feet. Mr. Torres estimated that the poster had been up for at least eight months based upon what several local union members had told him. He did not supply any of these members as witnesses.
Joseph Valenti, president of Local Union 214, admitted that the poster was hanging on the local union building. He denied that he had any knowledge that the poster was there prior to the protest or that he knew who placed it there. Additionally, Mr. Valenti stated that one of the stewards at the building thought the poster had been up only two or three weeks.
Based upon the size of the poster at issue, the proximity of a parking lot to the union building, and the period of time it was on the building, the Election Officer finds it difficult to believe that the officers of Local Union 214 had no knowledge of the poster.
Article VIII, Section 11(c) specifically states that “Union . . . facilities . . . may not be used to assist in campaigning . . . .” In addition, Article XII, Section 1(b)(3) also prohibits the use of any union funds or resources to promote the candidacy of any individual.
A local union makes a campaign contribution prohibited by the Rules by displaying a campaign sign for one candidate on the outside wall of a local union hall. Pope, P-046-JC7-PNJ (October 13, 1995), aff’d, 95 - Elec. App. - 35 (KC) (November 14, 1995).
In the instant case, there is a dispute as to the time period during which the poster was on the building. Due to the conflicting testimony, the Election Officer concludes that the poster was attached to the exterior of the union building since at least August 21, 1997, the date of the Election Officer’s decision in Cheatem, Post-27-EOH, et. seq. (August 21, 1997), aff’d. in rel. part, 97 - Elec. App. - 322 (KC) (October 10, 1997), which directed a rerun election be conducted.
Accordingly, 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 the nature and seriousness of the violation as well as its potential for interfering with the election process.
In order to address the specific violations found on this record, and in order to decrease the incidence of improper use of union property, the Election Officer orders the following:
Rick Torres
October 29, 1997
Page 1
(1) Local Union 214 shall cease and desist from utilizing local union facilities or resources to support any candidate in the International officer election.
(2) Within two (2) days of the date of this decision, Mr. Valenti shall sign and post the attached “Notice to Local Union 214 Members” on all bulletin boards at the union offices. Within one (1) day after posting the Notice, Local 214 shall file an affidavit with the Election Officer demonstrating 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 (1) 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,
Benetta M. Mansfield
Interim Election Officer
cc: Kenneth Conboy, Election Appeals Master
NOTICE TO LOCAL 214 MEMBERS
The Interim Election Officer has found that a sign supporting a candidate for International office in the rerun election was posted on the outside of the Local Union 214 building in violation the Election Rules. Under the Election Rules, local union resources and facilities may not be used for campaigning.
Local Union 214 shall not use its resources, including its building, to assist the campaign of any candidate in the International officer election.
____________________ ________________________
Date Joseph Valenti, President
This is an official notice which must remain posted for 30 consecutive days and must not be defaced or altered in any manner or be covered with any other material.
Approved by Benetta M. Mansfield, IBT Interim Election Officer
Rick Torres
October 29, 1997
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