February 18, 1998
VIA UPS OVERNIGHT
Gordy Teller
February 18, 1998
Page 1
Gordy Teller
22332 17th Place West
Bothell, WA 98021
A.B.F. Freight
7226 South 262nd Street
Kent, WA 98032
Rick Porter
Regional Director of
Industrial Relations
A.B.F. Freight
7001 South 900 East
Suite 460
Midvale, UT 84047
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Jon Rabine
553 John Street
Seattle, WA 98109
Gordy Teller
February 18, 1998
Page 1
Re: Election Office Case No. PR-057-JC28-PNW
Gentlemen:
Gordy Teller, a member of Local Union 741, 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 A.B.F. Freight (“ABF”) and James P. Hoffa, candidate for general president. The protester alleges that ABF. improperly endorsed the candidacy of Mr. Hoffa and made improper contributions to Mr. Hoffa’s campaign. ABF denies that it endorses Mr. Hoffa or that it has contributed anything of value to the Hoffa campaign. Mr. Hoffa denies that he has violated the Rules.
The protest was investigated by Regional Coordinator Christine M. Mrak.
The protester is employed as an IBT Field Services Coordinator. On January 20, 1998, he traveled to the ABF terminal in Kent, Washington. During that visit, the protester observed a large sign mounted on a wall inside the driver’s breakroom. The sign, which measured 30 by 40 inches, contained the following words:
Gordy Teller
February 18, 1998
Page 1
HOFFA
1996 JON L. RABINE
RESTORE THE PRIDE
Mr. Rabine is a candidate for Western Region International vice-president on the Hoffa Slate. A separate handwritten inscription was displayed in the lower right-hand corner of the sign as follows:
To ABF
Thanks for your support
[signed] Jimmy Hoffa ‘98
The Election Officer finds that the sign and the inscription was obtained by an ABF employee while attending a Hoffa campaign rally in Seattle, Washington, on November 16, 1997, and was posted on the ABF wall shortly after that date.
Regional Coordinator Mrak arrived at ABF’s Kent/Auburn facility on the morning of January 22, 1998. She observed the sign on the breakroom wall and spoke with Branch Manager Jerre McCann, requesting that it be removed immediately. Mr. McCann refused to permit the removal of the poster. He instead made reference to a prior matter in which ABF had been found in violation of the National Labor Relations Act for removing protected employee literature.
Thereafter, Regional Coordinator Mrak spoke by telephone with Joey Gasca, a business agent employed by Local Union 741. In that telephone conversation, Mr. Gasca agreed to proceed immediately to the ABF facility and remove the sign. Mr. Gasca arrived and, in the presence of the Regional Coordinator, took the sign down. In a subsequent discussion, Mr. Gasca expressed his intent to return the sign to its owner, but was unable to provide the owner’s name. Mr. Gasca then proposed to return the sign to Mr. Hoffa for the purpose of having the inscription changed to read “To ABF Teamster Employees. Thank you for your support.” The rightful owner of the poster was never identified.
ABF denies any knowledge of the sign and states that it does not control what is posted on the breakroom walls. Mr. Hoffa recalls writing the words displayed on the poster in response to a specific request of several ABF employees who attended the Seattle fundraising rally. Both Mr. Hoffa and Mr. Rabine deny receiving any support from ABF. During the investigation, Mr. Rabine also expressed his desire to modify the poster by adding clarifying language to it.
Gordy Teller
February 18, 1998
Page 1
The Rules, at Article XII, Section 1(b)(1), provide as follows:
No employer may contribute, or shall be permitted to contribute, directly or indirectly, anything of value, where the purpose, object or foreseeable effect of the contribution is to influence, positively or negatively, the election of a candidate. No candidate may accept or use any such contribution . . . No labor organization, including . . . Local Unions . . . may contribute, or shall be permitted to contribute, directly or indirectly, anything of value, where the purpose, object or foreseeable effect of the contribution is to influence, positively or negatively, the election of a candidate . . . No candidate may accept or use any such contribution.
The Rules prohibit all endorsements from employers, whether or express or implied, regardless of employer knowledge. Gonzalez, P-1253-LU186-CLA (November 22, 1996). The Election Officer has determined that creating “a false impression of employer endorsement . . . would be another form of improper campaign contribution.” Feeley, P-874-LU817-MGN (September 17, 1996); Knox, P-1006-SFD-MGN (October 14, 1996); Sweeney, P-1058-LU907-NYC (October 28, 1996); Connell, P-1140-LU863-NYC (November 20, 1996).
The sign directly implies that ABF supports the election of Mr. Hoffa and Mr. Rabine and therefore violates the Rules. However, no evidence establishes that ABF has actually supported Mr. Hoffa’s candidacy or that of Mr. Rabine. Rather, the evidence supports the conclusion that the wording which violates the Rules was the product of an error made by Mr. Hoffa during a presumably busy campaign event.
For the reasons set forth above, 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.
Gordy Teller
February 18, 1998
Page 1
Article XII, Section 1(b)(9) of the Rules clearly provides that International officer candidates “are strictly liable to insure that each contribution received is permitted under the Rules.” Thus, even if Mr. Hoffa committed an unintended error by signing the poster in a manner which implied ABF’s endorsement of his candidacy, a remedy must be imposed to neutralize whatever benefit his campaign has received. See Connell, P-1140-LU863-NYC (November 20, 1996); Hoffa, P-1073-IBT-MOI et seq. (November 18, 1996). No affirmative steps were taken by ABF to remove the sign, even after its existence and location was disclosed. See Connell, P-1294-LU807-NYC (November 27, 1996); Hoffmann, P-1050-LU817-NYC (October 28, 1996); Sweeney, P-1029-RCS-NYC et seq. (October 28, 1996); Aguilar, P-1080-LU848-CLA (October 31, 1996); Hoffa, P-1048-LU572-CLA (November 1, 1996).
The Election Officer, therefore, orders the following remedy:
1. ABF Freight shall immediately cease and desist from any attempt to influence in any way the vote of members in their choice of candidates in the International officer election. Specifically, ABF shall not permit the posting of campaign literature on its property except as permitted by the Rules.
2. Mr. Hoffa and Mr. Rabine shall immediately cease and desist from the acceptance or use of improper employer contributions under the Rules.
3. Within 24 hours of receipt of this decision, ABF Freight will post the attached “Notice to Local Union 741 Members Employed by A.B.F. Freight” on the wall of the driver’s breakroom in the Kent/Auburn facility for a period of 60 days. Within seven (7) days of receipt of this decision, ABF Freight 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 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
Gordy Teller
February 18, 1998
Page 1
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
Enclosure
cc: Kenneth Conboy, Election Appeals Master
Christine M. Mrak, Regional Coordinator
NOTICE TO LOCAL UNION 741 MEMBERS EMPLOYED BY A.B.F. FREIGHT
The Election Officer has ruled that a sign mounted on a wall of a driver’s breakroom in the Kent/Auburn facility between November 1997 and January 1998 falsely implied that ABF supported the candidacies of James P. Hoffa and Jon L. Rabine in the International officer election. Employers may not endorse any candidate in the IBT International officer election. The Election Rules prohibit any employer or union from contributing in any way to the support or attack of a candidate. The Election Officer found that it violated the Election Rules for any International officer candidates to accept any such endorsement or support.
_________________________ ______________________________
Date Michael G. Cherkasky
Election Officer
This is an official notice which must remain posted for 60 consecutive days and must not be defaced or altered in any manner or be covered with any other material.