August 10, 1998
VIA UPS OVERNIGHT
Larry Irwin
August 10, 1998
Page 1
Larry Irwin, President
Teamsters Local Union 662
2220 Division Street
Stevens Point, WI 54481
David Reardon, Business Agent
Teamsters Local Union 662
2220 Division Street
Stevens Point, WI 54481
Rick Weronke, Trustee
Teamsters Local Union 662
2220 Division Street
Stevens Point, WI 54481
Larry Irwin
August 10, 1998
Page 1
Re: Election Office Case No. PR-164-LU662-NCE
Gentlemen:
Larry Irwin, president of Local Union 662, 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 David Reardon, a Local Union 662 business agent. Mr. Irwin alleged that Mr. Reardon transported “Hoffa slate material on Union time and using a car that he is paid a car allowance for by Local 662.” As a remedy, Mr. Irwin suggests that Mr. Reardon “not be allowed to campaign for the Hoffa slate in this Local and that a Notice be posted in all Barns stating this.” Mr. Reardon denies the allegation in its entirety.
The protest was investigated by Regional Coordinator Judith E. Kuhn.
Larry Irwin
August 10, 1998
Page 1
The protester based his allegation on information he received from Rick Weronke, another business agent employed by Local Union 662. The protest states that “Brother Weronke told me that he saw some type of pledge cards, approximately 100+ in a package and on this package were names of some of his stewards and there were numbers next to their name as if that was the amount they took.”
Mr. Weronke does not deny informing Mr. Irwin that he observed a brown manilla envelope in Mr. Reardon’s personal vehicle containing the names of several Local Union 662 stewards on the outside with a number next to each name. The statement given by Mr. Weronke during the investigation, however, did not make reference to “pledge cards.” Admitting that it was “hard to see,” Mr. Weronke told the Regional Coordinator that he observed a book of what “looked like church or baseball tickets” in the envelope which “said something about Hoffa and $20.00.” Mr. Reardon claimed that the book contained tickets to a civic club fundraiser and, according to Mr. Weronke statement, were being sold by his wife.
Mr. Reardon admits telling Mr. Weronke that the envelope contained raffle tickets to a civic fundraising event, but now states that he was “just pulling his leg.” According to Mr. Reardon, the envelope which Mr. Weronke observed contained cards used by Local Union 662 in connection with organizing drives, commonly referred to as “pledge cards.” Mr. Reardon maintains that his automobile contained no tickets to a Hoffa fundraiser.
Larry Irwin
August 10, 1998
Page 1
The Hoffa Now Campaign confirmed that it had neither scheduled nor was planning any fundraising events which involved the distribution of raffle tickets in the State of Wisconsin. Fred Gegare, a candidate for at-large vice-president on the Hoffa Unity Slate and secretary-treasurer of Local Union 75 in Green Bay, Wisconsin, also stated that no such event had been arranged by his campaign.
Local Union 662 business agents receive a monthly automobile allowance and are permitted to charge gasoline on a local union credit card. The protester contends that the tickets were distributed using gasoline paid for by Local Union 662. Mr. Reardon claims that he purchases gasoline for his van at his own expense at least once a month. He provided evidence that he made such a purchase in July of 1998.
The Rules generally restrict the use of union property for campaign purposes. Union-owned or leased cars, however, are an exception. Article VIII, Section 11(c) of the Rules reads, in relevant part:
Union officers and employees provided with Union-owned or leased cars, if otherwise afforded the right to utilize those cars for personal activities, may use the cars for campaign activities, provided no costs, or expenses incurred as a consequence, of such use are paid out of Union funds or other prohibited sources.
Larry Irwin
August 10, 1998
Page 1
The use by union officials and employees of their cars when use is paid for by the union for campaign purposes, if such members are permitted to use the vehicle for their personal use. See In Re: Gregory, 91 - Elec. App. - 135 (SA) (April 29, 1991) (“Thus, given that Local-owned cars are used by Business Agents for personal reasons, it is not a violation of the Election Rules for a Business Agent to use his car to travel to a worksite to campaign.”); Blake, P-712-LU630-CLA (April 29, 1996), aff’d, 96 - Elec. App. - 185 (KC) (May 10,1996) (bumper sticker on personal vehicle used for union business and which the union reimburses for mileage and maintenance permitted).
The evidence is not sufficient to establish that Mr. Reardon violated the Rules. Mr. Weronke admits that his observations were conducted under less than ideal conditions and Mr. Reardon denies that the alleged campaign-related material ever existed. What Mr. Irwin states he was told by Mr. Weronke regarding the “pledge cards” conflicts with his statement given during the investigation. Both the Hoffa Now Campaign and Mr. Gegare stated that no fundraisers had been planned which might precipitate the sale of tickets in the Wisconsin area. Further, there is no evidence to show that any campaign expenses were paid from union funds.
Accordingly, the protest is DENIED.
Larry Irwin
August 10, 1998
Page 1
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