Protest Decisions

              August 25, 1998

VIA UPS OVERNIGHT

James P. Hoffa

August 25, 1998

Page 1

James P. Hoffa

2593 Hounds Chase

Troy, MI  48098

Hoffa Slate

c/o Patrick J. Szymanski, Esq.

Baptiste & Wilder

1150 Connecticut Avenue, NW

Suite 500

Washington, DC  20036

John Metz, Secy. - Treas.

Teamsters Local Union 610

1401 Hampton Avenue

St. Louis, MO  63139

George O. Suggs, Esq.

Wilburn & Suggs

1015 Locust

Suite 818

St. Louis, MO  63101

Bradley T. Raymond, Esq.

Finkel, Whitefield, Selik,

  Raymond, Ferrara & Feldman

32300 Northwestern Highway

Suite 200

Farmington Hills, MI  48334

James P. Hoffa

August 25, 1998

Page 1

Re:  Election Office Case No. PR-138-LU610-EOH

Gentlemen:

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 Local Union 610 and John Metz, a candidate for general president and secretary - treasurer of Local Union 610.  The protester alleged that Mr. Metz violated the Rules by using union resources to make campaign-related telephone calls.  Mr. Hoffa further alleged that Mr. Metz permitting his picture to be taken at his union office in connection with a newspaper article about his campaign.  Mr. Metz denies both allegations.

This protest was investigated by Regional Coordinator Judith E. Kuhn.

On June 21, 1998, the St. Louis Post-Dispatch published an article on the Teamster rerun election.  The article was written by Phillip Dine, the newspaper’s Washington Bureau Chief, and contained a lengthy discussion of Mr. Metz and his candidacy.  A picture of Mr. Metz sitting in his Local Union 610 office talking on the telephone accompanied the article.

James P. Hoffa

August 25, 1998

Page 1

The article included the following statement:

In the week since Metz’s bid became public knowledge, it has captured much attention.  St. Louis Teamster offices have been barraged with phone calls, and Metz has spoken until 3:00 a.m. most nights with truck drivers or construction workers from Arizona and Kansas City and elsewhere wanting to support his bid.

The protester contended that this statement is evidence that Mr. Metz was engaging in discussions concerning his campaign using his local union telephone.  Other than the cite from the article, the protester provided no other evidence to support his allegations.

Mr. Metz responded that he has not used any union resources to make campaign-related telephone calls and that the quoted language in the article is misleading.  He stated he was interviewed for the article in Washington, D.C., and never told Mr. Dine that he had made or received any campaign-related calls from his local union office. 

Mr. Metz presented evidence to show that he was in Washington, D.C., on June 10 and June 11, returning to St. Louis on the evening of June 11, 1998.[1]  Additionally, he provided telephone records from his home phone in St. Louis that show that a number of long-distance telephone calls were made from June 13 through June 21, 1998.

Mr. Metz admitted that the picture attached to the article in question was taken in his Local Union 610 office.  According to Mr. Metz, when the photographer from the newspaper contacted him, she said, “We need an updated photo on you because the one we have is several years back,” and asked if she could come over and take his picture.  The St. Louis Post-Dispatch Director of Photography Scott Dine confirmed that their file picture of Mr. Metz had been ten or fifteen years old and they were following standard practice updating file pictures of newsworthy individuals when the pictures become more than five years old.  Mr. Dine stated that, although the picture was taken to run with the story on the election campaign, it will be used for at least the next five years whenever a news story involving Mr. Metz requires a picture.

James P. Hoffa

August 25, 1998

Page 1

“Union funds facilities, equipments, 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.”  Rules, Article VIII, Section 11(c).  Under the Rules, the use of a union telephone for campaign-related activity, even for a minimal amount of time, is prohibited.  See Hoffa, PR-081-IBT-NCE (May 13, 1998); Olson, P-172-LU170-CSF (November 1, 1995).

Mr. Metz has stated that the telephone calls made from his home during the period beginning June 13, 1998, and ending June 21, 1998, were campaign-related but that no campaign- related calls were made at union expense or using union facilities.  No contrary evidence has been submitted.

Although his picture was taken in a local union office, Mr. Metz did not improperly use union resources.  The picture was taken in connection with an article on his campaign.  However, the evidence also established that it will be used to meet the general needs of the St. Louis Post-Dispatch.  The Post-Dispatch stated that it intends to use the picture for a substantial future period and for stories unrelated to the election campaign.  Under these circumstances, there is insufficient evidence to show that union resources were improperly used to campaign.

For the foregoing reasons, 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

Judith E. Kuhn, Regional Coordinator