September 18, 1995
VIA UPS OVERNIGHT
Bob Jordan
6905 Archdale
Detroit, MI 48228
Lawrence Brennan, President
Teamsters Local Union 337
2801 Trumbull Avenue
Detroit, MI 48216
Bradley R. Raymond, Esq.
Finkel, Whitefield, Selik, Raymond,
Ferrara & Feldman, P.C.
32300 Northwestern Highway, Suite 200
Framington Hills, MI XXX-XX-XXXX
Re: Election Office Case No. P-141-LU337-MGN
Gentlemen:
On August 23, 1995, a pre-election protest filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) was received from Bob Jordan, a member of Local Union 337. Mr. Jordan protests the publication of a union-financed press release issued by Local Union 337 on August 16, 1995. The subject of the press release is the announcement of a lawsuit filed in the United States District Court for the District of Columbia (Civil Action No. 95-CV-01375).
Mr. Jordan asserts that the press release impermissibly uses union funds to attack the candidacy of General President Ron Carey for reelection, in violation of the Rules. The Local does not contest that the challenged document was union-financed. Local Union 337 answers by declaring that the press release “relates directly to Mr. Carey’s official and regular activities as IBT General President,” and is therefore permitted under the Rules.
Bob Jordan
September 18, 1995
Page 1
The protest was investigated by Regional Coordinator William A. Wertheimer, Jr.
The communication at issue begins with the headline, “Michigan Teamster Files Lawsuit to Force Ron Carey to ‘Open the Books.’” The announcement advises that a lawsuit was filed on July 24, 1995 alleging that General President Carey may have concealed illegal conduct by his administration. Certain of the allegations contained in the lawsuit are referenced in the press release. The press release reports that General President Carey “may have concealed illegal conduct by his administration,” including “the hiring of a private detective to spy on his political opponents, the misuse of federal grant money and the misuse of union funds to cover-up Carey’s ties to organized crime.”
The press release also directly refers to an allegation previously reported in the May 15, 1995 issue of Time magazine concerning Mr. Carey’s possible connection to organized crime, and depicts the financial condition of the Union as “on the verge of bankruptcy.” The notice repeats the items which the Plaintiffs seek to have produced, including documents relating to the alleged depletion of Union assets, “questionable” expenditures for legal fees and the dismissal of certain International union personnel. The article further recites that two public interest groups, the Association for Union Democracy (AUD) and the Public Citizen Litigation Group, created by Ralph Nader, refused to grant the Local Union’s recent request for assistance in obtaining the records sought. According to the release, both of these organizations filed similar lawsuits against previous IBT administrations.
The press release also contains several quotes from Local 337 President Lawrence Brennan, which comment on such matters as the Time magazine story and Mr. Brennan’s rationale for seeking court action to force Mr. Carey “to open up the Union’s books and let the membership see what’s going on at headquarters in Washington.”
The factual context for this protest can be traced back to November 1993, when Mr. Brennan sent a letter to Mr. Carey seeking, among other things, information regarding funds, receipts, and expenditures of the International Union which, in the opinion of Mr. Brennan, may have been expended under objectionable circumstances and generally relate to the financial condition of the IBT.
On May 21, 1995, at a regular meeting of the membership, Mr. Brennan addressed the members present and, according to the minutes, stated “we are not being given the information as to were [sic] the monies have gone and what type of expenditures they were used for.” A motion was made, seconded and adopted to “take whatever steps are necessary to gain this information, including if necessary, to go to court.” Several letters were exchanged between
Mr. Brennan and the IBT ultimately resulting in the denial of the request for documentation prior to the filing of the lawsuit.
The use of union-financed publications to advance or impede the candidacy of an IBT member for International office or Convention delegate is prohibited by the Rules. Article VIII,
Bob Jordan
September 18, 1995
Page 1
Section 8(a) states: ‘No publication or communication financed, directly or indirectly, by a Union may be used to support or attack any candidate or the candidacy of any person . . .”
Mr. Carey has been found to be a candidate for general president prior to the time this particular publication was released to the press. Martin, et al., P-010-IBT-PNJ, et seq.
(August 17, 1995). It is therefore incumbent upon the Election Officer to determine whether or not the union-financed press release is a communication permitted under the Rules. Sullivan,
P-053-LU391-EOH (July 10, 1995); Ruscigno, P-067-LU20-EOH (July 19, 1995).
In reviewing the protested press release, the Election Officer looks to the tone, content and timing to determine what constitutes campaigning. See, e.g., Ruscigno, supra. The Election Officer also reviews the specific context in which the communication takes place. See Martin, supra. As the Election Officer noted in Martin, “[R]estrictions on campaigning must not be read so broadly as to restrict the right and the responsibility of union officers to conduct their official business, nor prohibit other members and subordinate bodies from criticizing the policies or official conduct of those officers.” Id. Giving voice to views opposing the current leadership on matters of concern to union members serves the purpose of promoting democracy.
A published communication “addressed to the regular functions, policies and activities” of incumbent officers in the discharge of endeavors which constitute “matters of interest to the membership, and not as candidates for reelection,” does not violate the Rules. Dunn,
P-104-IBT-SCE (August 23, 1995). See also, Donovan v. Metro. Dist. Council, 797 F.2d 140, 145 (3d Cir. 1986), citing Camarata v. Int’l. Bhd. of Teamsters, 478 F. Supp. 321, 330 (D.D.C.).
The Election Officer concludes that the press release is within the range of permissible communications and does not violate the Rules. The matters contained therein relate to legitimate issues of union business. Basically, the press release at issue contains a report of an official action taken by Local 337 in filing a legal challenge to President Ron Carey and the International Union’s refusal to provide financial information requested by the union.
For the foregoing reasons, the protest is DENIED.
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.
Mudge, Rose, Guthrie, Alexander & Ferdon
180 Maiden Lane, 36th Floor
New York, NY 10038
Fax (212) 248-2655
Bob Jordan
September 18, 1995
Page 1
Copies of the request for hearing must be served on the parties listed above as well as upon the Election Officer, 400 North Capitol Street, Suite 855, Washington, D.C. 20001, Facsimile (202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Barbara Zack Quindel
Election Officer
cc: Kenneth Conboy, Election Appeals Master
William A. Wertheimer, Jr., Regional Coordinator