November 17, 1998
VIA FACSIMILE AND UPS OVERNIGHT
Michael R. McGowan
November 17, 1998
Page 1
Michael R. McGowan
7254 Blackoak Drive
Walls, MS 38680
Hoffa Slate
c/o Patrick J. Szymanski, Esq.
Baptiste & Wilder
1150 Connecticut Avenue, NW
Suite 500
Washington, DC 20036
W.C. Smith, President
Teamsters Local Union 891
2560 Valley Street
Jackson, MS 39204
Executive Board
Teamsters Local Union 891
2560 Valley Street
Jackson, MS 39204
Bobby F. Hannah, Sec.-Treas.
Teamsters Local Union 891
2560 Valley Street
Jackson, MS 39204
Larry Adams, Vice President
Teamsters Local Union 891
2560 Valley Street
Jackson, MS 39204
Marvin Givens, Rec. Sec.
Teamsters Local Union 891
2560 Valley Street
Jackson, MS 39204
Robert Barnes, Jr., Trustee
Teamsters Local Union 891
2560 Valley Street
Jackson, MS 39204
Kenneth L. Paige, Trustee
Teamsters Local Union 891
2560 Valley Street
Jackson, MS 39204
Larry Neal, Trustee
Teamsters Local Union 891
2560 Valley Street
Jackson, MS 39204
Robert E. Jaggers, BA
Teamsters Local Union 891
2560 Valley Street
Jackson, MS 39204
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
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
John Metz Slate
2700 Macklind Avenue
St. Louis, MO 63139
Michael R. McGowan
November 17, 1998
Page 1
George O. Suggs, Esq.
Wilburn & Suggs
1015 Locust
Suite 818
St. Louis, MO 63101
Bradley T. Raymond, Esq.
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
Michael R. McGowan
November 17, 1998
Page 1
Re: Election Office Case No. PR-400-LU891-EOH
Gentlepersons:
Mike McGowan, a candidate for Southern Region Vice-President and a member of Local Union 667, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Office Election (“Rules”) against the Hoffa Campaign, Teamsters Local Union 891 and the members of the executive board of Local Union 891, namely, W.C. (Willie) Smith, president and business manager, Bobby F. Hannah, secretary-treasurer, Larry Adams, vice president, Marvin Givens, recording secretary, Robert Barnes, Jr., trustee, Kenneth L. Paige, trustee, Larry Neal, trustee, and Robert E. Jaggers, business agent. Mr. McGowan alleges that Executive Board of Local Union 891 improperly used union resources to endorse the candidacy of James P. Hoffa, a candidate for general president on the Hoffa Unity Slate (“Hoffa Slate”), in violation of the Rules. James P. Hoffa and the Hoffa Slate claims no knowledge of or involvement with the flyer that is the subject of this protest.
The protest was investigated by Election Office Protest Chief Mary E. Leary.
As evidence of the alleged violation, the protestor submitted a copy of the letter entitled “Mississippi Teamsters for Hoffa ’98.” The investigation established that on about November 9, 1998, the letter began arriving at the addresses of members of Local Union 891. Mr. Smith states that the printing and postage for the letter were paid for by the Mississippi Teamsters for Hoffa ‘98, a group of volunteers who include IBT members some of whom serve on the local union’s executive board. He further stated that the members of the local union’s executive board personally contributed the monies to the Mississippi Teamster for Hoffa ’98 which paid for the printing and mailing of the leaflet. The investigation disclosed no evidence that any union funds were used to print or mail the letter which was sent to members of Local Union 891. The letter expressly states “The Executive Board of Teamsters Local 891 has UNANIMOUSLY ENDORSED JIM HOFFA for President of the IBT,” and the closing reads: “Fraternally, Teamsters Local 891 Executive Board” with the names and titles of all executive board members listed below.
Michael R. McGowan
November 17, 1998
Page 1
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.” The provision also states, however: “The Union or a Local Union as such ... may not endorse or otherwise advance a candidacy, even if all members agree on the endorsement or candidacy.” The Rules define “campaign contribution” as including “[a]n endorsement or counter-endorsements by an individual, group of individuals, or entity.” Definitions, 5(f).
Individual members of a local union’s executive board or a local union, in their capacity as members of the IBT, may endorse candidates for International office, a particular candidate or slate of candidates. For example, in Moriarity, P-1071-LU677-ENG (November 15, 1991), a letter sent to local union members stated that “the members of Teamster Local No. 24 Executive Board have unanimously endorsed the R. V. Durham Unity Team.” The letter was signed by the executive board and noted their titles. The Election Officer found no violation because this was an endorsement by individual members of the board. Such campaign activity, however, may not be financed by union funds. Schauer, P-1251-LU421-MOI (November 19, 1996).
Individual endorsements are distinguished from endorsements by collective entities of the unions, such as the executive board or the local union as a body. Such entities cannot endorse any candidate or slate of candidates. Thus, while the letter contains endorsements by all of the individual members of the Executive Board of Local Union 891, it also contains an endorsement by “Teamsters Local 891 Executive Board.” Therefore, the letter violated the Rules since it set forth the endorsement by the entity, the local union executive board. Custer, P-10980LU-673-CHI (November 18, 1991). Also, an improper contribution was found when a statement of the Executive Board of the local endorsed candidates for International office. Hoffa, P-954-LU53-EOH (September 23, 1996).
Accordingly, based on the above, the Election Officer finds that the Executive Board of Teamsters Local Union 891 endorsed Mr. Hoffa, as a collective entity, and in doing so violated the Rules.
Accordingly, the protest is GRANTED.
The ballot period is open until December 3, 1998. All officers, members and employees of the IBT should know that misuse of union resources in this time period will have immediate and serious consequences.
Accordingly, the Election Officer orders as follows:
1) The Executive Board of Local Union 891 shall immediately cease and desist from improperly endorsing or otherwise advancing any candidate in the International Officer Rerun Election.
Michael R. McGowan
November 17, 1998
Page 1
2) By November 20, 1998, Messrs. Leedham and Metz may, if they so choose, each submit a one page piece of 8 ½ x 11 campaign literature in support of their candidacy for general president, printed on one side, to W.C. (Willie) Smith. By November 23, 1998, Mr. Smith, on behalf of the Executive Board of Local Union 891 shall sign and mail the attached “Letter to All Members of Local Union 891" to all Local Union 891 members and shall duplicate the campaign literature received and include a copy of each candidate’s literature provided to him in each letter.
3) Mr. Smith, on behalf of the Executive Board of Local Union 891, shall also insure that copies of the signed letter are posted by a representative of the Executive Board of Local Union 891 on all bulletin boards at the offices of Local Union 891.
4) Local Union 891 shall pay for the costs associated with the reproduction of the campaign literature from Messrs. Leedham and Metz , the production of the letter to the Local Union 891 members, and the costs of the mailing to the members of Local Union 891.
5) By November 23, 1998, Mr. Smith shall submit a signed affidavit to the Election Office detailing his compliance with this order and attaching evidence of payment of the costs of the mailing to Local Union 891 members.
An order of the Election Officer, unless otherwise stayed, takes immediate effect against a party found to be in violation of the Rules. 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 (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,
Michael R. McGowan
November 17, 1998
Page 1
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
Letter to All Members of Local Union 891
In a recent decision, the Election Officer has found that the Executive Board of Local Union 891 improperly endorsed a candidate for International office in the rerun election by mailing a letter to the members of Local Union 891, in violation of the Election Rules. Under the Election Rules, endorsements by collective entities of the union, such as the executive board or the local union as a body violates the rules.
The Executive Board of Local Union 891 shall cease and desist from endorsing any candidates in the International Officers Rerun Election.
Executive Board of Local Union 891
_________________ _________________________________
Date By: W. C. (Willie) Smith
President and Business Manager
Local Union 891
This is an official notice which must remain posted through 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