July 22, 1998
VIA UPS OVERNIGHT
Ken Mee
July 22, 1998
Page 1
Ken Mee
42356 Greenbrier Park Drive
Fremont, CA 94538
John Metz Slate
c/o Jim Smith
2833 Cottman Avenue
Philadelphia, PA 19149
George O. Suggs, Esq.
Wilburn & Suggs
1015 Locust
Suite 818
St. Louis, MO 63101
Sergio Lopez
121 South Drive
Freedom, CA 95019
Jim Pitts
4845 West Evans Drive
Glendale, AZ 85306
Ken Mee
July 22, 1998
Page 1
Re: Election Office Case No. PR-170-LU135-EOH
Gentlemen:
Ken Mee, a member of Local Union 287 and a candidate for International vice-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 Jim Pitts. Mr. Mee alleges that Mr. Pitts is “running a campaign operation for the Metz-Sever slate of candidates, and apparently funding it himself, a violation of the rules.”
Mr. Pitts responds that he retired from Local Union 135 on November 30, 1997, and has volunteered to campaign for Mr. Metz by faxing literature and making telephone calls to “friends all over the USA.” Mr. Pitts further maintains that he answers questions about other candidates also, including Messrs. Leedham and Hoffa. “For any of my friends,” states Mr. Pitts, “I try to answer their questions, good or bad, regardless which political camp it may be.”
The protest was investigated by Election Office Counsel David S. Paull.
Mr. Pitts estimates that since the beginning of May 1998 he has sent out approximately 20 flyers per week supporting the candidacy of Mr. Metz. He estimates that he made or received a similar number of campaign-related telephone calls during that time. According to Mr. Pitts, he has not been compensated by anyone for performing these activities and he has provided all the equipment and supplies himself.
Ken Mee
July 22, 1998
Page 1
The Rules define a “campaign contribution” as “any direct or indirect contribution of money or other thing of value where the purpose, object or foreseeable effect of that contribution is to influence, positively or negatively, the election of a candidate.” Under the Rules as modified by the 1996 IBT International Officer Rerun Election Plan (“Rerun Plan”), the receipt of campaign contributions from any non-IBT members, inactive members or former members, including retirees, is prohibited. However, the Rerun Plan at Section II.H. permits non-members and retirees to volunteer their services to an election campaign where specific conditions exist:
A non-member may volunteer personal services to a campaign without making a contribution if the individual is not compensated by anyone for such services and the services are not within the individual’s regular business, work or income-producing activity.
In the absence of contrary evidence, the Election Officer concludes that Mr. Pitts has not been compensated for his campaign-related work, has used his own equipment and supplies and is retired from all income-producing activities. Under these circumstances, Mr. Pitts may volunteer his services to any campaign.
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