December 3, 1997
VIA UPS OVERNIGHT
Steve Williamson
December 3, 1997
Page 1
Steve Williamson
4114 45th Avenue, SW
Seattle, WA 98116
Edward G. Tyler, Sec.-Treas.
Teamsters Local Union 227
552 Denny Way
Seattle, WA 98109
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Tom Sever, International Sec.-Treas.
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
Jeraldine Cheatem
Post Office Box 288492
Chicago, IL 60628
Bradley T. Raymond, Esq.
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
Richard Brook, Esq.
Cohen, Weiss and Simon
330 West 42nd Street
New York, NY 10036
Steve Williamson
December 3, 1997
Page 1
Re: Election Office Case No. PR-031-LU227-PNW
Gentlemen:
Steve Williamson, a member of Local Union 174, 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”) against Local Union 227. Mr. Williamson alleges that Local Union 227 posted and distributed campaign literature in violation of the Rules. Local Union 227 denies that the Rules have been violated.
The protest was investigated by Regional Coordinator Christine M. Mrak.
The protester is an employee of Local Union 174 which maintains an office in the same building as Local Union 227. On November 12, 1997, the protester walked by the office of Local Union 227. He observed a bulletin board located about two or three feet inside the open Local Union 227 office door, facing the hallway. A yellow flyer on letter-sized paper was posted on the bulletin board which stated, in pertinent part, as follows:
Steve Williamson
December 3, 1997
Page 1
JIMMY HOFFA IS COMING TO TOWN!! . . . . . .
HOFFA RALLY
1:00 PM ON SUNDAY, NOVEMBER 16th, 1997
AT THE
BEST WESTERN EXECUTIVE INN
200 TAYLOR AVENUE NORTH IN SEATTLE, WASHINGTON
- HEAR THE LATEST NEWS ABOUT THE RERUN ELECTION -
- SHOW YOUR SUPPORT FOR THE HOFFA-RABINE TEAM -
-HELP US RESTORE THE RESPECT & STRENGTH OUR GREAT INTERNATIONAL ONCE KNEW -
ADMISSION = $20.00 DONATION
A disclaimer, stating that “only active members or members of their immediate family” may contribute to the Hoffa Campaign, appeared at the bottom of the flyer.
After observing the posted material, the protester entered the office of Local Union 227. He noted that a small stack of identical flyers were located on the counter. The next day, the protester again observed the flyer on the Local Union 227 bulletin board and copies on the counter.
Ed Tyler, secretary-treasurer of Local Union 227, admits that he posted the flyer on the union bulletin board and that, for at least the two or three days prior to the date of Mr. Hoffa’s fundraiser, copies of the flyer were available at the counter. Mr. Tyler denies any intent to endorse or advance the campaign of Mr. Hoffa and states that in posting the flyer and making copies available, he was merely “informing people” and “encouraging participation in the election process.” According to Mr. Tyler, it is the policy of Local Union 227 to permit candidates to post campaign materials on the office bulletin board. However, Mr. Tyler also states that this bulletin board is not available to members for general purposes and is for union business only. Other than his statement, Mr. Tyler presented no evidence concerning the existence of any bulletin board policy. Further, there was no showing that campaign literature supporting any other candidate was ever previously posted on Local Union 227's bulletin board or distributed at the counter.
Campaign activity within a union hall is not prohibited by the Rules. Such activity may take place, so long as the Rules requiring equal access and opportunity to candidates are strictly observed. Thus, Article VIII, Section 5(a)(4) states:
Steve Williamson
December 3, 1997
Page 1
A Local Union shall not discriminate or permit discrimination in favor of or against any candidate in conjunction with its meetings or otherwise. This requirement shall apply not only to formal presentations by or on behalf of candidates but also to informal campaign activities, such as, for example, comments on candidates during meetings, literature distribution at meetings, literature distribution tables, etc.
Similarly, Article VIII, Section 11(d) states that no restriction shall be placed upon a candidates’ or members’ preexisting right to use union bulletin boards for campaign publicity so long as “[s]uch facilities and opportunities [are] available to all candidates and members on a nondiscriminatory basis.”
By posting a Hoffa campaign flyer on a union bulletin board located in the union hall and by making Hoffa campaign literature available on the counter for at least several days prior to November 16, 1997, Local Union 227 “discriminate[d] or permit[ted] discrimination in favor or against” a candidate, in violation of the Rules. Schlim, P-970-LU124-MGN (October 7, 1996).
Local Union 227 asserts that this display of campaign material is consistent with its bulletin board policy. A local union may maintain a non-discriminatory policy permitting all candidates to utilize its bulletin board for campaign purposes. Such a policy must, however, be adequately communicated to the membership. Nageotte, P-124-LU481-CLA (September 5, 1995).
Even assuming a proper policy was in place prior to November 16, 1997, there is no evidence that such a policy was properly communicated to the members of Local Union 227 or to candidates. There is no evidence that any other candidate, either for International office or for delegate, has ever displayed campaign literature on Local Union 227's bulletin board prior to the display which is the subject of this protest.
Accordingly, the protest is GRANTED.
When the Election Officer determines that the Rules have been violated, he “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 227's violation of the Rules has occurred just prior to the time that Mr. Carey was disqualified as a candidate on November 17, 1997. See In re: Cheatem, Post - 27 - EOH (November 17, 1997) (supplemental decision).
Therefore, the Election Officer orders the following remedy:
Steve Williamson
December 3, 1997
Page 1
1. Local Union 227 shall cease and desist from making its facilities available to any candidate unless all candidates are provided equal access to such assistance and are advised in advance, in writing, of the availability of such assistance.
2. Within one (1) day of receipt of this decision, Local Union 227 shall display the attached notice on the bulletin board where the flyer was displayed for a period of 30 days.
3. Within four (4) days of receipt of this decision, Local Union 227 shall file an affidavit with the Election Officer detailing its 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,
Michael Cherkasky
Election Officer
MC:chh
cc: Kenneth Conboy, Election Appeals Master
Christine M. Mrak, Regional Coordinator
NOTICE TO THE MEMBERS OF LOCAL UNION 227 AND CANDIDATES FOR INTERNATIONAL OFFICE
The Election Rules prohibit local unions from discriminating or permitting discrimination against any candidate for office in the 1995-1996 International union delegate and officer elections in connection with distribution of campaign literature.
Local Union 227 has violated this provision by making available in its office, campaign literature supporting James P. Hoffa for general president. Local Union 227 will cease and desist from this activity, unless all candidates for International office are provided equal access to make literature available at the local union office, and are advised in advance, of the availability of this access.
___________________________________
Ed Tyler
Secretary-Treasurer, Local Union 227
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 Michael Cherkasky, IBT Election Officer.