January 2, 1996
VIA UPS OVERNIGHT
James Hoffa
January 2, 1996
Page 1
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Ron Carey, General President
International Brotherhood of Teamsters
25 Louisiana Ave., N.W.
Washington, D.C. 20001
John J. Sullivan
Associate General Counsel
International Brotherhood of Teamsters
25 Louisiana Ave., N.W.
Washington, D.C. 20001
Susan Davis
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
James Hoffa
January 2, 1996
Page 1
Re: Election Office Case No. P-261-IBT-SCE
Gentlepersons:
A protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the IBT 1995-1996 International Union Delegate and Officer Election (“Rules”) by James P. Hoffa, candidate for general president. Mr. Hoffa alleges that the IBT Communications Department contributed to Mr. Carey’s campaign for reelection to general president in violation of the Rules by attacking him in a statement reported by the Akron Beacon Journal (“Beacon Journal”).
Mr. Hoffa claims that the IBT “smeared” him and his candidacy by stating to a Beacon Journal reporter that Mr. Hoffa led an ill-advised effort at the 1991 International Convention to increase strike benefits. Mr. Hoffa was not a delegate to the convention and states that he did not participate in any initiative to increase strike benefits.
The protest was investigated by Regional Coordinator Bruce Boyens.
In a story on Mr. Hoffa’s campaign, the Beacon Journal reported that Mr. Hoffa blames “the current leadership for the union’s precarious financial state.” Paraphrasing the
James Hoffa
January 2, 1996
Page 1
IBT’s response to the accusation, the Beacon Journal reported the statement to which the protester objects - that the IBT attributed its financial state, in part, to a “Hoffa-led initiative” passed at the last convention “increas[ing] strike benefits . . . without [providing] any corresponding way to pay for them.”
The IBT Communications Department denies telling the Beacon Journal that the 1991 initiative to increase strike benefits was “Hoffa-led.” An IBT staffperson advises that his notes reflect that he told the reporter that the initiative was led by the “old guard.” During the Election Office investigation, the Beacon Journal reporter confirmed that the words used by the IBT were “old guard,” not “Hoffa-led.”
The evidence shows that the IBT did not make the statement to which Mr. Hoffa objects. Moreover, stories printed in the Beacon Journal are not considered prohibited campaign contributions within the meaning of Article XII of the Rules.[1]
Based on the foregoing, 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.
Latham & Watkins
885 Third Avenue, Suite 1000
New York, NY 10022
Fax (212) 751-4864
James Hoffa
January 2, 1996
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
Bruce Boyens, Regional Coordinator
[1]The provision in the Rules forbidding employers from making campaign contributions does not apply to “newspaper or magazine articles published by entities which are not owned or whose editorial policies are not controlled by candidates or committees acting on behalf of candidates.” Scott, Case No. P-969-IBT (October 18, 1991).