October 19, 1998
VIA UPS OVERNIGHT
Dave Campbell
October 19, 1998
Page 1
Dave Campbell
301 Montreal Drive
Hurst, TX 76054
Wesley Jenkins, President
Teamsters Local Union 767
6109 Anglin Drive
Forest Hill, TX 76119
James P. Hoffa
c/o Patrick J. Szymanski
Baptiste & Wilder
1150 Connecticut Ave., Suite 500
Washington, DC 20036
Paul Alan Levy, Esq.
Public Citizen Litigation Group
1600 20th Street, NW
Washington, DC 20009
Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond,
Ferrara & Feldman
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334
Dave Campbell
October 19, 1998
Page 1
Re: Election Office Case No. PR-287-LU767-EOH
Gentlemen:
Dan Campbell, a member of Local Union 767, 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 James P. Hoffa and Wesley Jenkins. Mr. Hoffa is a candidate for general president. Mr. Jenkins is president of Local Union 767. The protester alleged that Mr. Jenkins, in his capacity as a union officer and on local union stationery, prepared and distributed a letter endorsing the candidacy of Mr. Hoffa. Mr. Jenkins denies the allegation, as does Mr. Hoffa.
The protest was investigated by Election Office Counsel David S. Paull.
The only evidence submitted by Mr. Campbell in support of his protest was a copy of a letter which appeared to be signed by Mr. Jenkins as president of Local Union 767 endorsing
Dave Campbell
October 19, 1998
Page 1
Mr. Hoffa as a candidate. The letter appears to be printed on Local Union 767 stationery. The investigation revealed that Mr. Campbell never received the letter, but that a facsimile copy was anonymously received by the Teamsters for a Democratic Union office in Detroit, along with an anonymous cover letter.
Mr. Jenkins admits that he prepared and distributed a letter supporting Mr. Hoffa. He maintains, however, that he did not utilize union stationery or any other union resource to produce or distribute it, and that he produced the letter on plain paper on his home computer. Mr. Jenkins states that he had never seen the copy that was enclosed with the protest (which is on local union stationery) prior to receipt of the protest. Moreover, Mr. Jenkins argues that when one reviews the letter enclosed with the protest, the letterhead and the body of the letter are not square with the paper it is on, thereby raising the possibility that the original letter was cut or copied onto union letterhead. The Election Officer could not locate, and the protester did not produce any witnesses that had seen copies of the letter on union letterhead.
The Rules permit individual members who are union officers to endorse candidates for International office and to use their union title for that purpose. No endorsement of a candidate, however, may be financed with union funds. As the Election Officer stated in Phelan, P-711-LU550-NYC (April 23, 1996), aff’d, 96 - Elec. App. - 184 (KC) (May 6, 1996), “[t]he Rules protect campaigning as a personal right of IBT members and require that it be exercised that way.” See also, Schauer, P-1251-LU421-MOI (November 19, 1996) (violation of the Rules to publish personal campaign endorsements using local union resources and letterhead).
The Rules further provide that union funds, facilities and equipment may not be used to campaign 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.” Mee, PR-050-LU120-NCE (January 9, 1998), aff’d, 98 - Elec.App. - 337 (KC) (January 28, 1998).
The evidence is insufficient to show that Mr. Jenkins used union resources to prepare or distribute the protested letter or that Local Union 767 endorsed Mr. Hoffa. The letter itself contains certain irregularities in the copy which are consistent with the possibility that a person or persons unknown tampered with the original document. No other evidence in support of the protest was submitted or disclosed by the investigation. There is further no evidence to implicate Mr. Hoffa or his campaign organization.
Accordingly, the protest is DENIED.
Although the protest is denied, the Election Officer is concerned that an unidentified person or entity may have successfully created and distributed a document which falsely carries the message that Local Union 767 endorses a candidate, a serious violation of the Rules. Therefore, the Election Officer will order the following in an attempt to correct any false implication which may have been conveyed.
Dave Campbell
October 19, 1998
Page 1
The Election Officer therefore orders that Local Union 767 post, on all of its union bulletin boards and on all bulletin board on worksites within its jurisdiction, the attached “Notice To Members of Local Union 767.” This notice will help to insure that members do not associate Local Union 767 with the endorsement of any candidate. This Notice shall be posted at all included locations on or before October 23, 1998, and remain posted through December 3, 1998. In issuing this order, the Election Officer finds no evidence that Local Union 767 or any employee member or individual employed by Local Union 767 engaged in any conduct relating to the allegations of the protest which violates the Rules.
An order of the Election Officer, unless otherwise stayed, takes immediate effect immediately. In re Lopez, 96 - Elec. App. - 73 (KC) (February 13, 1996).
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within one 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, 400 N. Capitol Street, Suite 855, 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 TO THE MEMBERS OF LOCAL UNION 767
The Election Officer has determined that members or persons unknown may have created the inference that Local Union 767 endorsed one of the candidates for general president by falsely tampering with one or more original documents. Local Union 767 endorses no candidates in the International Officer Rerun Election.
You have the right to participate in campaign activities on behalf of candidates for International officer in the IBT. Union officers have the right to support or attack candidates in their capacity as individual members only and not in their capacities as union officers. No union funds or resources may be used to support, attack or endorse any candidate.
Any protest you may have regarding your rights to engage in campaign activities or interference with those rights under the Rules should be filed with the Election Officer within the time period prescribed by the Rules.
_________________________
Michael G. Cherkasky
Election Officer
Dave Campbell
October 19, 1998
Page 1
This is an official notice and must remain posted through December 3, 1998, and must not be altered, defaced or covered by any other material.