July 8, 1998
VIA UPS OVERNIGHT
Roy L. Atha
July 8, 1998
Page 1
Roy L. Atha, Secy. - Treas.
Teamsters Local Union 654
832 Warder Street
Springfield, OH 45503
Doug Webber, Director
Automobile Transporters Industry Division
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
Dave Eckstein
Field Services
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
Thomas W. Leedham
18763 South Highway 211
Molalla, OR 97038
David L. Neigus
Deputy General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
Roy L. Atha
July 8, 1998
Page 1
Re: Election Officer Case No. PR-127-IBT-EOH
Gentlemen:
Roy L. Atha, secretary-treasurer of Local Union 688, 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 the “Tom Leedham Slate” and Doug Webber. Mr. Leedham is a candidate for general president. Mr. Webber is the newly appointed Director of the IBT Carhaul Division and a candidate for International vice-president at-large. The protester alleged that the Leedham Slate and Mr. Webber used “IBT publications and resources to campaign for office.” The IBT denies the allegation. Neither Mr. Leedham nor Mr. Webber responded to the protest.
The protest was investigated by Election Officer Counsel David S. Paull.
Roy L. Atha
July 8, 1998
Page 1
The protest focuses on an issue of the union-financed Carhaul Contract Bulletin (“Bulletin”) dated June 2, 1998. The Bulletin, also called the Carhaul Bulletin and was first published by an organizational predecessor of the Carhaul Division in February 1992, is a specialized IBT newsletter created to provide information of particular interest to those members employed in the carhaul industry.
The June 2, 1998 Bulletin is a single sheet, printed on two sides, containing approximately one and one-half pages of editorial material. The seven short articles in the Bulletin report on a variety of topics including the national carhaul contract negotiations scheduled to begin in October 1998, a collective bargaining informational survey sent by the IBT to each member employed in the carhaul industry, an item concerning the Teamster National 401(k) Pension Plan for carhaul members and several articles about the exercise and protection of collective bargaining rights.
On the second page of the publication is an article entitled “New Director Behind the Wheel in Carhaul Division.” The article announces the selection of Mr. Webber to lead the Carhaul Division and is accompanied by a picture of him approximately two inches square. The text of the article is as follows:
Doug Webber, a former carhauler and 22-year member of the Local 299 in Detroit, is the new director of the International Union’s Carhaul Division. After working for Commercial Carriers and serving as a union steward, Webber joined the Teamsters Carhaul Division in 1993. Webber worked on campaigns in Spring Hill, Tennessee, and Petersburg, Virginia, to organize drivers at QAT, a double-breasted operation of Ryder. He also helped plan the “smart strategy” and coordinate the strike that won our contract in 1995.
Mr. Webber is also quoted briefly in the leading article on the front page of the publication which concerns preparations for the national carhaul negotiations.
The IBT submitted an issue of the Bulletin dated January 17, 1995. This issue contains an article about the previous national carhaul negotiations. The article reports that the IBT negotiation committee was “headed” by then General President Ron Carey and Ron Owens, Director of the Carhaul Division at that time. Mr. Owens, who was not a candidate for any International office in January 1995, was referred to several times in the two-page article and was quoted extensively. Mr. Owen’s picture accompanies the article.
Mr. Owens retired in June 1996 and J.D. Jackson was appointed as Acting Director of the Carhaul Division. In March 1998, the General Executive Board appointed Mr. Webber, who declared himself a candidate on June 11, 1998.
Roy L. Atha
July 8, 1998
Page 1
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 (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 also recognized in Martin that:
. . . an otherwise acceptable communication may be considered campaigning if it goes on to make a connection with the election or the election process, if it involves excessive direct or indirect personal attacks on candidates, or alternatively, involves lavish praise of candidates. Otherwise legitimate coverage of the activities of a union official running for office may constitute campaigning if it is excessive.
The status of national collective bargaining negotiations are of wide and legitimate interest to all union members. Michaels, P-205-LU407-CLE (November 8, 1995). It is well established that union leaders are entitled to have their activities reported on in union-financed publications so long as the article bears a reasonable relationship to the officer’s level of participation in the activity. Hoffa, PR-105-IBT-EOH (June 19, 1998). See, Durham, P-250-IBT (February 5, 1991); Martin, supra at 16.
The Election Officer determines that the Bulletin’s treatment of Mr. Webber’s selection as the new director of the Carhaul Division was a proper exercise of the IBT’s reporting function. The brief references to Mr. Webber’s activities and accomplishments as an IBT member are appropriate. Mr. Webber’s picture is directly related to the subject matter of the article. Neither the picture nor the text of the article make excessive references to Mr. Webber. See Hoffa, P-202-IBT-EOH (November 17, 1995), aff’d, 95 - Elec. App. - 39 (KC) (November 30, 1995); Lamy, P-258-IBT-EOH (December 18, 1995), aff’d, 96 - Elec. App. - 53 (KC) (January 11, 1996). Neither his candidacy nor the rerun election are mentioned. A review of the Bulletin for January 17, 1995, establishes that the coverage is consistent with prior reporting on a similar subject.
Roy L. Atha
July 8, 1998
Page 1
According to the protester, this issue of the Bulletin was “timed” to coincide with the mailing of the nomination ballots sent to election delegates by the Election Officer and that timing indicates “Webber, and possibly other Leedham Slate candidates, intend to participate in membership rallies using union resources.” It is also the protester’s position that prior publications and rallies “have only been used for campaigning for union office.”
The article and publication are related in time with Mr. Webber’s recent selection. That selection provides a legitimate, union-related reason for the publication. Unless campaign activities occur, the use of union funds to finance membership rallies do not violate the Rules. The protester submitted no evidence to show that campaigning occurred at prior Carhaul Division rallies and the Election Officer cannot consider the protester’s speculation as to what campaign activities may occur in the future.
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