July 6, 1998
VIA UPS OVERNIGHT
M.C. Jordan
July 6, 1998
Page 1
M.C. Jordan
3130 Gray Street
Smyrna, GA 30082
Kenneth E. Hilbish, President
Teamsters Local Union 528
2540 Lakewood Avenue, SW
Atlanta, GA 30315
Bradley T. Raymond, Esq.
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington, Hills, MI 48334
M.C. Jordan
July 6, 1998
Page 1
Re: Election Office Case No. PR-107-LU528-SEC
Gentlemen:
M.C. Jordan, a member of Local Union 528, 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 Kenneth E. Hilbish. The protester alleges that Mr. Hilbish, the current president of Local Union 528, used union resources to produce a campaign letter. Mr. Hilbish admits that he produced and distributed a campaign letter and that a union computer was used to produce the mailing labels. He contends, however, that he reimbursed Local Union 528 consistent with an established policy and past practice. Mr. Hilbish further denies that he used any other union resources to prepare and distribute his campaign letter.
The protest was investigated by Regional Coordinator J. Griffin Morgan.
On or about May 14, 1998, Mr. Hilbish prepared and mailed a letter to the stewards of Local Union 528 announcing his support of James P. Hoffa for general president in the rerun election. According to his letter, Mr. Hilbish had previously supported Ron Carey.
Mr. Hilbish submitted a document indicating that the letter was drafted on his personal home computer. He also presented receipts showing that personal funds were spent for the stationary, postage, and copy services. The evidence does show that Mr. Hilbish obtained the names and addresses of the stewards by asking a union employee to print out mailing labels from the Local Union 528 TITAN computer system. Karen Croy, the Local Union 528 TITAN computer operator, printed these labels at Mr. Hilbish’s request and also called the IBT to obtain the information necessary to calculate the approximate cost of the 161 mailing labels.
M.C. Jordan
July 6, 1998
Page 1
There is no evidence that any other union resources were used to assist in the preparation or mailing of Mr. Hilbish’s letter. The cost of the labels, based on the information obtained from the IBT, was determined to be 35 cents per label and Mr. Hilbish reimbursed Local Union 528 in that amount. Mr. Hilbish admits that he did not reimburse Local Union 528 for the time spent by Ms. Croy to produce the labels or to contact the IBT.
Article VIII, Section 11(c) of the Rules provides, in relevant part:
Union funds, facilities, equipment, stationery, personnel, etc., may not be used to assist in campaigning unless the Union is reimbursed at fair market value for such assistance, and unless all candidates are provided equal access to such assistance and are notified in advance, in writing, of the availability of such assistance.
The Election Officer has prohibited the use of union resources in campaigning even when such use is isolated or slight. Olson, P-172-LU70-CSF (November 1, 1995) (use of union telephone for three calls of short duration to assist in campaigning during work time); Miller, P-504-LU147-MOI (April 23, 1996) (local union made its office available to a campaign as the location to pick up a raffle prize); Hoffa, P-865-IBT-MGN (August 26, 1996) (use of union telephone and use of office for brief meetings).
The Election Officer has also held that the use of local union resources to mail campaign materials to members violates the Rules. Hoffa, P-814-LU398-PGH (July 1, 1996), aff’d, 96 - Elec. App. - 212 (KC) (July 17, 1996). Pursuant to the Rules at Article VIII, Section 7 (d), a local union is authorized to print mailing labels for campaign purposes only in connection with a candidate’s request to distribute campaign material.
Because Mr. Hilbish is not a candidate, the Rules prohibit him from using Local Union 528 mailing labels for campaign purposes. The Rules were violated when he asked Ms. Croy to print out the mailing labels and to call the IBT for reimbursement information. Such assistance is prohibited unless all candidates are notified in advance of its availability. No evidence was submitted to establish that either Mr. Hilbish or Local Union 528 notified any candidates that these services were available within the meaning of the Rules.
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.
The Election Officer orders the following:
l. Mr. Hilbish and Local Union 528 shall immediately cease and desist from using union resources to promote the candidacy of Mr. Hoffa.
M.C. Jordan
July 6, 1998
Page 1
2. Within three (3) days of receipt of this decision, Local Union 528 shall mail the attached “Notice to Stewards of Local Union 528” to the union stewards who received Mr. Hilbish’s campaign letter without any other information or explanation, and shall, within one (1) day thereof, bill Mr. Hilbish for all costs incurred in the preparation and mailing of the notice. Within two (2) days of the date on which the mailing is completed, Local Union 174 shall file an affidavit with the Election Officer demonstrating compliance with this order, including a copy of the bill submitted to Mr. Hilbish.
3. Within five (5) days of receipt of this decision, Mr. Hilbish shall reimburse Local Union 528 in an amount equal to one hour of Ms. Croy’s work time, including all wages and benefits and shall pay the bill prepared by Local Union 528 for the costs incurred in the mailing of the notice. Within one (1) day thereafter, Mr. Hilbish 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, 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
J. Griffin Morgan, Regional Coordinator
NOTICE TO THE STEWARDS OF LOCAL UNION 528
The Election Officer has determined that Kenneth E. Hilbish, President of Local Union 528, used union resources to promote the candidacy of an International officer candidate, in violation of the Election Rules, when he sent you a letter using mailing labels produced by the local union.
Mr. Hilbish and Local Union 528 have been ordered to immediately cease and desist from using union resources to promote the candidacy of any International Officer candidate.
_________________________________
Michael G. Cherkasky
Election Officer