October 31, 1997
VIA UPS OVERNIGHT
James P. Hoffa David L. Neigus
2593 Hounds Chase Deputy General Counsel
Troy, Michigan 48098 International Brotherhood of
Teamsters
Ron Carey 25 Louisiana Avenue, NW
General President Washington, DC 20001
International Brotherhood of
Teamsters Bradley T. Raymond, Esq.
25 Louisiana Avenue, NW Finkel, Whitefield, Selik,
Washington, DC 20001 Raymond, Ferrara & Feldman
32300 Northwestern Highway
Ron Carey Slate Suite 200
c/o Susan Davis, Esq. Farmington Hills, MI 48334
Cohen, Weiss and Simon
330 W. 42nd Street
New York, NY 10036
Re: Election Office Case No. PR-017-IBT-EOH
Gentlepersons:
James P. Hoffa, a candidate for general president, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”) against Ron Carey, general president and a candidate for re-election, the Carey Campaign and the IBT. Mr. Hoffa objects to the use of union resources to provide “excessive publicity” for Mr. Carey “repeatedly during the past several weeks.” The examples attached to Mr. Hoffa’s protest include two selected excerpts from the August 21, 1997, issue of the Teamsters Freight Bulletin and from the August 22, 1997, edition of the Teamster Leader magazine. The protest also asserts that two video tapes produced by the IBT, “America’s Victory - The 1997 UPS Strike” and “No More NAFTA - No Fast Track,” together with certain accompanying printed material, violate the Rules.
The IBT admits that the protested portions of the publications and the videos have been circulated as union-financed communications but denies that they contain any campaign material or violate the Rules.
James P. Hoffa
October 31, 1997
Page 1
The protest was investigated by Election Office Appellate Attorney David S. Paull.
In addition to the two publications referred to in the protest and the two video tapes, the Election Officer has reviewed the following additional documents submitted by Mr. Hoffa:
(1) A letter, dated October 3, 1997, circulated by the Carey Campaign and signed by Mr. Carey;
(2) A four page document which was distributed with the video about the UPS strike;
(3) A three page document which was distributed with the video concerning the NAFTA agreement.
Article VIII, Section 8(a) of the Rules states that a union-financed publication or communication may not be “used to support or attack any candidate or the candidacy of any person.” In reviewing union-financed communications for improper campaign content, the Election Officer looks to the tone, content and timing of the publication. Martin, P-010-IBT-PNJ, et seq. (August 17, 1995), aff’d, 95 - Elec. App. - 18 (KC) (October 2, 1995). The Election Officer also considers the context in which the communications appeared.
In Martin, the Election Officer recognized that union officers and officials have a “right and responsibility to exercise the powers of their office to advise and report to the membership on issues of general concern.” (quoting Camarata v. International Bhd. of Teamsters, 478 F. Supp. 321, 330 (D.D.C. 1979), aff’d, 108 L.R.R.M. (BNA) 2924 (D.C.Cir. 1981).
The Election Officer has previously determined that collective bargaining, the UPS strike and NAFTA are topics of legitimate interest to IBT members. Michaels, P-205-LU407-CLE (November 8, 1995); Riley, P-101-IBT-EOH (August 23, 1995), aff’d, 95 - Elec. App. - 14 (KC) (September 29, 1995); Hoffa, P-1181-IBT-EOH (November 18, 1996); Hoffa, P-808-IBT-SCE (June 28, 1996), aff’d, 96 - Elec. App. - 213 (July 17, 1996). The Election Officer recently determined that an advertisement announcing the availability of the same UPS video tape which has been challenged by this protest contained no campaign content. The protested excerpt from the August 21, 1997 issue of the Teamster Leader magazine has also specifically been determined by the Election Officer to be within the Rules. Atha, PR-002-IBT-EOH (October 15, 1997) (appeal pending).
James P. Hoffa
October 31, 1997
Page 1
All of the communications submitted in support of the protest have been examined for impermissible election-related content. With the exception of the Carey campaign letter of October 3, 1997, none of these communications are election-related or contain any campaign statements. Rather, all of these items focus on subjects which have been previously determined by the Election Officer to be legitimate. Further, the timing and tone of these communications are appropriate to their respective purposes.
There is no allegation that the Carey campaign letter was prepared or distributed by means of union funds or resources. The Carey letter incorporates several items of legitimate union business and discusses them in the context of his campaign. The Election Officer has specifically ruled that documents addressing issues which have become campaign themes may be distributed through the use of union resources when “related to legitimate union business.” Hoffa, P-733-IBT-SCE (September 8, 1997) (holding that Canadian autonomy is a legitimate union issue). Thus, the distribution of these communications are not Rules violations merely because the same subjects also appear as campaign issues.
These communications concern topics of genuine interest to IBT members, are within the responsibility of union officers to advise the membership and are not violations of the Rules.
Accordingly, the protest is DENIED.
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, 444 N. Capitol Street, Suite 445, 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