October 15, 1998
VIA FIRST CLASS MAIL
Laura Lichtenstein
October 15, 1998
Page 1
Laura Lichtenstein
P.O. Box 477
Port Jefferson Station, NY 11776
Lisa Jiminez, Shop Steward
Teamsters Local Union 237
216 W. 14th Street
New York, NY 10011
Carroll E. Haynes, President
Teamsters Local Union 237
216 W. 14th Street
New York, NY 10011
Paul Alan Levy, Esq.
Public Citizen Litigation Group
1600 20th Street, NW
Washington, D.C. 20009
Tom Leedham Campaign Office
P. O. Box 15877
Washington, D.C. 20003
James P. Hoffa
c/o Patrick J. Szymanski
Baptiste & Wilder
1150 Connecticut Avenue, Ste 500
Washington, D.C. 20036
Bradley T. Raymond, Esq.
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
Laura Lichtenstein
October 15, 1998
Page 1
Re: Election Office Case No. PR-277-LU237-EOH
Gentlepersons:
Laura Lichtenstein, a member of Local Union 237, 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 237. The protester alleged that her shop steward stated that Local Union 237 supported James P. Hoffa, a candidate for general president, and posted Mr. Hoffa’s campaign literature on the official union bulletin board in violation of the Rules. The shop steward and Local Union 237 denied the allegations.
This protest was investigated by Director of Campaign Finance Leslie Deak.
Laura Lichtenstein
October 15, 1998
Page 1
On August 25, 1998, Terri Dahl, a part-time business agent for Local Union 237, mailed out a letter and flyer soliciting support for Mr. Hoffa to shop stewards in New York Off-Track Betting (“OTB”) shops, including the steward for the Suffolk County OTB office. She prepared the mailing from her home and mailed the literature in plain envelopes. The letter instructed the recipients to distribute and post the material.
In the Suffolk County OTB shop, the members of Local Union 237 work in the telephone room. They are part-time workers, mostly working 4 1/2 hour shifts. Within the suite of offices used by the OTB, the union members spend most of their time in the telephone room. The telephone room is divided into quarters by partitions. They also use the breakroom, which contains a small kitchenette, although they generally spend less time in the breakroom than the managers, who work full-time schedules. The suite also contains offices for the managers, which are not used by the local union members.
When Lisa Jiminez, the shop steward at the Suffolk County shop, received the mailing, she posted the literature in the telephone room. Ms. Jiminez stated that she initially posted the Hoffa literature on the back wall of the room, not on the bulletin board.
Several days later, Michael Tanner, a member of Local Union 237, posted flyers for
Tom Leedham, a candidate for general president, in various places in the suite of offices. The Leedham flyers were left not only in the telephone room, but also in the breakroom and restrooms. For example, a Leedham flyer was posted on a partition used to subdivide the telephone room, next to the partition on which the union bulletin board hung. Ms. Jiminez stated she moved the Hoffa literature and posted it next to the Leedham literature on the partition wall.
Prior to the postings by Ms. Jiminez and Mr. Tanner, no campaign literature had been posted in the telephone room. Ms. Jiminez stated that only a few documents would be posted on the partitions. She stated that she recalled only notices about retirement luncheons being previously posted on the partitions. The protester stated that, although no campaign literature had been posted previously around the breakroom, occasionally other flyers and solicitations would be left in the room.
The protester stated that she never saw the Hoffa literature posted on the back wall of the telephone room. However, after she observed the Leedham literature posted on the partition, she noticed the Hoffa literature posted on the official union bulletin board. When the protester saw Hoffa literature on the bulletin board, she took it down. According to the protester, after she took the Hoffa literature off the union bulletin board, Ms. Jiminez took the literature and put it back on the bulletin board. The protester stated that Ms. Jiminez told her that she had called Local Union 237 and spoken with Richard Hendershot, the Director of the Long Island Division of Local Union 237, and Mr. Hendershot advised her that the local union was supporting
Mr. Hoffa and only Hoffa literature could be on the board.
Laura Lichtenstein
October 15, 1998
Page 1
Ms. Jiminez denied that she ever posted the Hoffa literature on the official union bulletin board. She stated that after she posted it on the back wall, she moved it to the partition next to the Leedham literature. She also denied making and statement that the local union supported Mr. Hoffa and only Hoffa literature could be on union bulletin board or speaking to
Mr. Hendershot about the matter. Ms. Jiminez stated that after the protester took the Hoffa literature down, she asked the protester to wait until she called the local union office.
Ms. Jiminez then called the local union office, spoke to Patrick Passaretti, the Deputy Director of the Long Island Division, who contacted Local Union 237 headquarters and instructed
Ms. Jiminez to remove all campaign literature from the union bulletin board.
During the investigation, an Election Office representative spoke with Mr. Passaretti. He stated that they had not been informed that the Local Union 237 was supporting Mr. Hoffa, although he knew that Local Union 237 President Carroll Haynes supported Mr. Hoffa.
Mr. Passaretti stated that when Ms. Jiminez received the mailing from Ms. Dahl, Ms. Jiminez might not have distinguished between official union material and campaign material and therefore posted the campaign material on the union bulletin board. Mr. Passaretti stated, however, that there are no restrictions on posting campaign literature on the union bulletin board.
Local Union 237 admitted that Mr. Haynes sent a letter to members personally endorsing Mr. Hoffa for general president but states the local union has not endorsed any candidate. It denied instructing Local Union 237 shop stewards to post only Hoffa literature on bulletin boards and to remove other candidates’ materials from union bulletin boards.
The Election Officer finds the protester’s version of events credible. The Election Officer finds that Ms. Jiminez, the shop steward, posted the Hoffa literature on the official union bulletin board. The Election Officer also finds, based on statements from the protester and
Mr. Passaretti, that Ms. Jiminez was probably confused over what to do with the Hoffa literature and that she told the protester that Mr. Hendershot told her that the local union supported Mr. Hoffa and only Hoffa literature could be posted on the union bulletin board. Based on the interview with Mr. Passaretti, it appears that Ms. Jiminez’s description of her conversation with Mr. Passaretti was inaccurate.
“The Union or a Local Union as such or the General Executive Board or an Executive Board of a Local Union as such may not endorse or otherwise advance a candidacy, even if all members agree on the endorsement or candidacy.” Rules, Article VIII, Section 11(b). The Election Officer has held that members of a local union executive board may make endorsements of a candidate and may identify themselves as executive board members when making their endorsement; however, the local union executive board, as an entity, cannot make an official endorsement of any candidate. Moriarty, P-1071-LU677-ENG (November 15, 1991).
Laura Lichtenstein
October 15, 1998
Page 1
In the instant case, there is no evidence that Local Union 237 has endorsed the candidacy of Mr. Hoffa in the International officer Rerun Election. However, Ms. Jiminez, acting as the union steward, made statements which implied the local union’s support of Mr. Hoffa, even if she misunderstood the local union’s position. Her statements lead the protester, and possibly other members at that work site to believe that Local Union 237 endorsed the candidacy of Mr. Hoffa.
Article VIII, Section 11(d) of the Rules, prohibits restrictions upon candidates’ or members’ pre-existing rights to use employer or union bulletin boards for campaign publicity. Likewise, it provides that such facilities and opportunities shall be made available to all candidates and members on a nondiscriminatory basis. During the investigation, the Election Office representative spoke with Mr. Passaretti and an agreement was reached to remove all campaign materials from the bulletin board during the investigation. Based upon the facts found here, the Election Officer now finds that there was a pre-existing right to post such campaign literature on the union bulletin board.
Based on the above, the Election Officer concludes that by restricting the posting of campaign materials by candidates other than Mr. Hoffa, Ms. Jiminez restricted candidates’ and members’ pre-existing rights to use the union bulletin boards for campaign publicity.
Accordingly, this protest is GRANTED as to the bulletin board; and DENIED in all other respects.
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 looks to such factors as the nature and seriousness of the violation, the violation’s potential for interfering with the election process, and which remedy will best protect the rights of members to a free and fair election.
The Election Officer, therefore, orders the following:
- By October 21, 1998, Local Union 237 must have Ms. Jiminez sign the “Notice to Members of Local Union 237"and post it on the Union Bulletin Board at the Suffolk County Off-Track Betting (OTB) facility where Local Union 237 members are employed. The Notice must remain posted until December 3, 1998.
- By October 23, 1998, Local Union 237 must submit an affidavit to the Election Office attesting to its compliance with this order.
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:
Laura Lichtenstein
October 15, 1998
Page 1
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
cc: Kenneth Conboy, Election Appeals Master
NOTICE
LOCAL UNION 237 MEMBERS
The IBT Election Officer has determined that Local Union 237 Shop Steward Lisa Jiminez posted Hoffa literature on the union bulletin board and prohibited the posting of other candidates’ literature, in violation of the Election Rules.
No restrictions shall be placed upon candidates’or members’ pre-existing right to use the union bulletin board to post literature for candidates in the International Officer Rerun Election. The bulletin board shall be made available to all candidates and members on a nondiscriminatory basis.
________________________
Lisa Jiminez, Shop Steward
Local Union 237
This is an official notice that must remain posted until December 3, 1998, and must not be defaced or altered in any manner or be covered with any other material.
Approved by Michael G. Cherkasky, IBT Election Officer