November 17, 1998
VIA FIRST CLASS MAIL
Michael Kapsa
November 17, 1998
Page 1
Michael Kapsa
c/o Tom Leedham Campaign Office
P.O. Box 15877
Washington, DC 20003
Howard Bennett, President
Teamsters Local Union 294
890 Third Street
Albany, NY 12206
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Hoffa Slate
c/o Patrick J. Szymanski, Esq.
Baptiste & Wilder
1150 Connecticut Avenue, NW
Suite 500
Washington, DC 20036
Tom Leedham Campaign Office
P.O. Box 15877
Washington, DC 20003
Arthur Z. Schwartz, Esq.
Kennedy, Schwartz & Cure
113 University Place
New York, NY 10003
Bradley T. Raymond, Esq.
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
Michael Kapsa
November 17, 1998
Page 1
Re: Election Office Case No. PR-386-LU294-EOH
Gentlemen:
Michael J. Kapsa, a member of Local Union 804, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 International Union Delegate and Officer Election (“Rules”) against Local Union 294. Mr. Kapsa alleged that certain officers and employees of Local Union 294 improperly endorsed the campaign of James P. Hoffa, a candidate for general president. The protester further alleges that an announcement of the endorsement was mailed to other members using lists and labels obtained and produced by Local Union 294. The allegations were denied by Local Union 294.
The protest was investigated by Election Office Counsel David S. Paull.
Michael Kapsa
November 17, 1998
Page 1
During the first week of November, 1998, a 4 x 6 inch postcard was mailed to each member of Local Union 294. The postcard contained the names of eight officers and business agents of Local Union 294 and indicated their support and endorsement for Mr. Hoffa as well as the Hoffa Unity Slate. John Bulgaro, secretary-treasurer of Local Union 294, stated that no union funds were used to produce the card and that the Hoffa Unity Slate provided the mailing labels.
The first sentence of the endorsement makes it clear that the officers and business agents whose names appear on the card were “acting as individuals.” At the bottom of the postcard, all of the officers and employees are listed by name and position. The postcard closes with the words, “Titles are used for identification purposes only. No Union monies used for this mailing.”
Article VIII, Section 11(b) of the Rules makes clear that while union members, including officers, are free to endorse candidates, this can only be done in the member’s “individual capacity.” Officers and employees of the union are free to use their job titles, but only for identification purposes. Moriarty, P-1071-LU677-ENG (November 15, 1991).
The postcard endorses Mr. Hoffa and the Hoffa Unity Slate without violating the Rules. There is no evidence to show that any union funds or resources were used in the preparation or distribution of the postcard.
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.
Michael Kapsa
November 17, 1998
Page 1
Sincerely,
Michael G. Cherkasky
Election Officer
cc: Kenneth Conboy, Election Appeals Master