January 9, 1998
VIA UPS OVERNIGHT
James P. Hoffa
January 9, 1998
Page 1
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Ron Carey Campaign
c/o Susan Davis, Esq.
Cohen, Weiss and Simon
330 West 42nd Street
New York, NY 10036
Tom Sever, General Sec.-Treas.
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
David L. Neigus
Deputy General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
John P. Morris, Sec.-Treas.
Teamsters Local Union 115
2833 Cottman Avenue
Philadelphia, PA 19149
Bradley T. Raymond, Esq.
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
James P. Hoffa
January 9, 1998
Page 1
Re: Election Office Case No. PR-040-LU115-NYC
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 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) against general president Ron Carey, the Carey Campaign, the IBT, Eastern Regional Vice President John Morris, Local Union 115 and the Pennsylvania Conference of Teamsters (“PCT”). The protester alleges that persons employed by Local Union 115, the PCT and the IBT were campaigning for members of the Carey Slate by handing out anti-Hoffa Slate material to Local Union 776 members during an informational picket of a Rite-Aid facility.
James P. Hoffa
January 9, 1998
Page 1
Representatives of the PCT and Local Union 115 admit to organizing an ongoing informational campaign against Rite-Aid. They deny, however, that they participated in the production or distribution of the anti-Hoffa Slate material.
The protest was investigated by New York City Protest Coordinator Barbara C. Deinhardt.
Early in 1997, Rite-Aid officials announced their intention to close the warehouse facility located in Shiremanstown, Pennsylvania, which employs approximately 600 IBT members. Every workday since October 27, 1997, a tractor-trailer truck and a bus owned by Local Union 115 have been driven from Philadelphia to the Shiremanstown facility to help in an informational picket campaign organized against Rite-Aid by the PCT. The bus bears a large PCT logo on the side. Both vehicles are usually parked across from the facility on the main road which runs in front of the facility.
A major aspect of the informational campaign involves the distribution of leaflets to workers at the facility. Volunteers from various locals drive the bus and the truck and ride to the Rite-Aid facility to hand out the leaflets. Others drive their own cars. Anywhere from two to fifteen volunteers participate each workday. The common practice is to distribute the leaflets while standing at the main gates to the facility. The volunteers generally wear orange vests with mottos such as “Unfair to Labor” or “Unfair Labor Practice” inscribed on them. They also carry signs which state, for example, “Rite-Aid Runaway Shop.” According to Jim Smith, president of Local Union 115, the orange vests are provided by the PCT and are collected at the end of each day. He asserts that no PCT or Local Union 115 employees have been involved in the leafleting and that volunteers are not given any wages or reimbursed, except for being provided with a free lunch. Additionally, Mr. Smith states that neither he nor Mr. Morris ever participated in any leafleting activity.
During the period from October 27 to November 26, 1997, approximately 13 different editions of leaflets were passed out by the volunteers. Each of the leaflets bears the name of the PCT and Local 776. The leaflets generally describe the following: the status of ongoing negotiations with the owners and management of Rite-Aid, cooperation of the PCT and Local Union 115 with Pennsylvania state officials over the development of an economic package to keep the facility in the state, the filing of unfair labor practice charges with the federal government due to retaliatory threats from management, the fact that Local Union 776 failed to preserve members’ right to strike, the assignment of the Port Division of the IBT to jurisdiction over the campaign, the extension of informational picket lines to Maryland and other states, and the alleged failure of Local Union 776 President Tom Griffith to act effectively during negotiations with Rite-Aid.
James P. Hoffa
January 9, 1998
Page 1
On November 24 and/or 25, 1997, an anonymous, unsigned leaflet entitled “Junior & Weasel -- Putting Members Last” was distributed by two unidentified individuals to a number of Rite-Aid employees. The individuals distributed the leaflet while standing near a back entrance to the facility. The leaflet is openly critical of Mr. Hoffa and Local Union 776 President Tom Griffith, and is plainly campaign material.
On another day during that same week, two unidentified individuals distributed copies of a laminated palm card entitled “Questions Rite Aid Employees Should Be Asking Local 776.” Two of the ten questions stated as follows: “ Why is Griffith playing union politics with our jobs by bringing Hoffa to our picket line?” and “Why is Griffith more interested in sucking up to Hoffa than he is in saving our jobs?” These are the only references to Mr. Hoffa made on the card.
The protester alleges that both the leaflet and the palm card were distributed by individuals affiliated with the PCT, the IBT or Local Union 115. A witness provided by the protester stated that she was handed the palm card by someone with a vest identical to the vests worn by those PCT-affiliated volunteers that were handing out the Rite-Aid informational leaflets.
Mr. Smith counters that: 1) none of the volunteers associated with the informational picketing produced or distributed either the leaflet or the palm card at issue, 2) the PCT and Local Union 115 had no connection to or participation with whoever did produce and distribute the material, and 3) the unidentified individuals did not receive either payments or goods from any of the charged parties. He additionally states that although he was twice notified that certain individuals had been passing out the “Junior & Weasel” leaflets and palm cards, the fact that the individuals were not affiliated with the volunteers from the bus precluded Mr. Smith from ordering them to cease distribution.
The Election Officer finds that the palm card does not constitute campaigning due to the fact that it has no nexus to the International officer election. However, the “Junior & Weasel” leaflet clearly constitutes campaign literature because it criticizes and attacks the Hoffa Slate. Giacumbo, P-001-IBT-PNJ (September 29, 1995), aff’d in rel. part, 95 - Elec. App. - 32 (KC) (November 1, 1995) (campaigning requires some advocacy for or against a candidate).
Regardless of this finding, it is well-settled that individual IBT members retain the right to campaign as long as they do so while not on union time and without utilizing union resources.
James P. Hoffa
January 9, 1998
Page 1
The protester presented no evidence to refute Mr. Smith’s assertion that only volunteers were involved in the dissemination of all of the leaflets. Consequently, even if the volunteers had distributed the leaflets and palm cards at issue, there would have been no violation of the Rules unless union resources had been utilized to produce the campaign related material. Mr. Hoffa did not present any evidence in support of his allegation that any union resources were utilized for the production, distribution or endorsement of the leaflet. The fact that Mr. Smith knew that the campaign material was being distributed by individuals other than those associated with his informational campaign has no impact upon the determination. The fact that the truck and the bus bearing the PCT logo were located near the point of distribution of the campaign material does not in and of itself constitute endorsement of such campaigning by the PCT or Local Union 115, where the PCT was supporting legitimate union business by assisting informational picketing.
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 North Capitol Street, NW, Suite 445, Washington, DC 20001, Facsimile (202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Michael G. Cherkasky
Election Officer
MGC:chh
cc: Kenneth Conboy, Election Appeals Master
Barbara C. Deinhardt, New York City Protest Coordinator.
James P. Hoffa
January 9, 1998
Page 1