November 4, 1998
VIA FIRST CLASS MAIL
A.J. Wood, Sec.-Treas.
November 4, 1998
Page 1
A.J. Wood, Sec.-Treas.
Teamsters Local Union 464
490 E. Broadway
Vancouver, BC V5T 1X3
CANADA
Garnet Zimmerman, President
Teamsters Local Union 31
1 Grosvenor Square
Delta, BC V3M 5S1
CANADA
Hoffa Slate
c/o Patrick J. Szymanski, Esq.
Baptiste & Wilder
1150 Connecticut Avenue, NW
Suite 500
Washington, DC 20036
Louis Lacroix Team Canada Slate
c/o Ron Douglas
Teamsters Canada
#204-1867 W. Broadqay
Vancouver, BC V6J 4WI
CANADA
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Bradley T. Raymond, Esq.
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
Steve Clark
14032 Hyland Road
Surrey, BC V3W 2C4
CANADA
Tom Sever, Acting General
President/Secretary-Treasurer
Int’l Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
David L. Neigus
Acting General Counsel
Int’l Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
Charles M. Carberry
Chief Investigator
Independent Review Board
17 Battery Place
Suite 331
New York, NY 10004
A.J. Wood, Sec.-Treas.
November 4, 1998
Page 1
Re: Election Office Case No. PR-343-LU464-EOH
A.J. Wood, Sec.-Treas.
November 4, 1998
Page 1
Gentlemen:
A. J. (Jim) Wood, secretary-treasurer of Local Union 464, 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 Garnet Zimmerman. Mr. Zimmerman is president of Local Union 31 and a candidate for Teamsters Canada vice president on the Hoffa Unity Slate. Mr. Wood alleged that Mr. Zimmerman prepared and distributed a letter, using Local Union 31 resources and letterhead, which supports his candidacy. Mr. Zimmerman admits that he prepared and distributed the protested letter and that it was union-financed.
Mr. Zimmerman denies, however, that he violated the Rules.
The protest was investigated by Election Office Counsel David S. Paull.
The only evidence submitted by the protester in support of his protest is a copy of the letter itself, which is seven pages in length and addressed to the Independent Review Board (“IRB”). Dated October 13, 1998, the stated purpose of the letter was to request the IRB to investigate internal local union charges filed by Steve Clark against Mr. Wood and others, charging that a Local Union 464 election was not properly conducted and that certain fiduciary duties had been breached. Mr. Zimmerman’s letter is critical of Mr. Wood, who is a supporter of the opposing Louis Lacroix Team Canada Slate. The letter contains no reference to the International officer rerun election or any International candidate and makes no mention of any campaign themes.
Article VIII, Section 8(a) of the Rules states that a union-financed publication or communication may not be “used to support or attack any candidate or the candidacy of any person.” In reviewing union-financed communications for improper campaign content, the Election Officer looks to the tone, content and timing of the publication. Martin, P-010-IBT-PNJ, et seq. (August 17, 1995), aff’d, 95 - Elec. App. - 18 (KC) (October 2, 1995). The Election Officer also considers the context in which the communications appeared.
In Martin, the Election Officer recognized that union officers and officials have a “right and responsibility to exercise the powers of their office to advise and report to the membership on issues of general concern.” (quoting Camarata v. International Bhd. of Teamsters, 478 F. Supp. 321, 330 (D.D.C. 1979), aff’d, 108 L.R.R.M. (BNA) 2924 (D.C.Cir. 1981). Union-financed letters which discuss local internal union charges or the conduct of local elections do not violated the Rules unless election-related matters are referenced. Atha, PR-001-IBT-EOH (October 10, 1997); Blake, P-245-JC42-CLA (December 18, 1996), aff'd 96 - Elec. App. - 54 (KC) (January 12, 1996); Kelly, PR-330-JC92-EOH et.seq. (October 26, 1998).
Despite the complete absence of any reference to the International officer election in the October 13 letter, the protester maintains that the letter violates the Rules and describes his position as follows:
A.J. Wood, Sec.-Treas.
November 4, 1998
Page 1
I am a well-known supporter of the Louis Lacroix Team Canada Slate and have publicly opposed the candidacy of Zimmerman. By suggesting to the members that my conduct should be investigated, he is attacking me directly, and the Louis Lacroix Team Canada Slate indirectly.
Mr. Wood’s contention cannot be sustained. He is not a candidate for any office in the International officer rerun election. In his letter of October 13, Mr. Zimmerman’s remarks are limited to Mr. Wood’s actions as a union officer. Mr. Zimmerman did not implicate the Louis Lacroix Team Canada Slate or any other candidate. Mr. Wood’s support of the Louis Lacroix Team Canada Slate cannot operate to insulate him from criticism of his official actions by another local union officer. That is not the purpose of the Rules.
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
cc: Kenneth Conboy, Election Appeals Master