February 27, 1996
VIA UPS OVERNIGHT
James P. Hoffa
February 27, 1996
Page 1
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Ron Carey, General President
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
Jake Adams, President
Teamsters Local Union 24
727 Grant Street
Akron, OH 44311
Harold Powell, President
Teamsters Local Union 284
555 E. Rich Street
Columbus, OH 43215
Robert J. Eliser, Secretary-Treasurer
Teamsters Local Union 377
1223 Teamsters Drive
Youngstown, OH 44502
John Sullivan, Associate General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
Susan Davis
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
James P. Hoffa
February 27, 1996
Page 1
Re: Election Office Case No. P-315-IBT-SCE
Gentlemen:
James P. Hoffa, candidate for general president, filed a protest pursuant to the Rules for the IBT 1995-1996 International Union Delegate and Officer Election (“Rules”) against General President Ron Carey, and the principal officers of Local Unions 24, 100, 284, and 377. The protester alleges that Ron Carey, who is running for reelection, improperly used union funds to make campaign appearances at each of the four local unions, and to publicize those appearances. The protester also alleges that by hosting Mr. Carey, the local unions made prohibited endorsements of Mr. Carey’s candidacy.
James P. Hoffa
February 27, 1996
Page 1
The IBT responds that Mr. Carey legitimately spoke to the membership of the Ohio local unions on matters of interest and did not campaign during those appearances.
Regional Coordinator Bruce Boyens investigated the protest. The investigation included review of an audiotape supplied by the protester of a presentation by Mr. Carey during one of the protested appearances.
On Saturday, January 13, 1996, Mr. Carey visited Local Union 377 in Youngstown, Ohio and Local Union 24 in Akron, Ohio. On Sunday, January 14, 1996, Mr. Carey visited Local Union 284 in Columbus, Ohio and Local Union 100 in Cincinnati.
The protester’s evidence showed that while at Local Union 377, Mr. Carey swore in newly-elected local union officers, showed a film about safety concerns raised by a provision of the North American Free Trade Agreement permitting trucks owned or operated by Mexicans to operate in the United States after which Mr. Carey spoke to the membership. In the main, Mr. Carey’s speech described attacks by employers and the Republican-controlled Congress on the interests of working people and the need for a unified response from the union.
Mr. Carey also spoke at length about democracy within the union and the need for member participation. After describing the state of the labor movement generally, he recounted that when asked by a newspaper reporter, what the union is all about, he replied, “Its about putting the members first, its about putting the resources to work for them, whether its a corporate campaign, it’s about eliminating waste and inefficiency.” He describes specific actions of his administration in achieving these goals, such as eliminating multiple salaries, and imposing trusteeships on local unions where there is “clear evidence of corruption.” He made no appeal, direct or indirect, for votes or support of his candidacy.
Where allegations arise of campaigning by an incumbent officer who is also a candidate, the Election Officer must distinguish between campaigning and legitimate activity that constitutes performing the functions and duties of the incumbent’s office. See Martin,
P-10-IBT-PNJ (August 18, 1995), aff’d, 95 - Elec. App. - 18 (KC) (October 2, 1995). “[D]uly elected union officials have a right and a responsibility to exercise the powers of their office and to advise and report to the membership on issues of general concern.” Camarata v. Int’l Bhd. of Teamsters, 478 F. Supp. 321, 320 (D.D.C. 1981), aff’d, 108 L.R.R.M. (BNA) 2924 (D.C. Cir. 1981) quoted in Martin, supra.
In Riley, Case No. 101-IBT-EOH (August 23, 1995), aff’d, 95 - Elec. App. - 14 (KC) (September 29, 1995), the Election Officer held that a speech by Mr. Carey concerning job safety and organizing workers during an appearance at Joint Council 42 in California was not campaigning. Additionally, the Election Officer has found that the IBT’s mention, outside of the context of the elections, of recent and significant reforms within the union is newsworthy, legitimate and of expected interest to the membership. Hoffa, Case Nos. P-310-IBT-SCE, et seq. (February 1, 1996), appeal pending; Hoffa, P-202-IBT-EOH (November 17, 1995), aff’d,
James P. Hoffa
February 27, 1996
Page 1
95 - Elec. App. - 39 (KC) (November 30, 1995); Martin, supra. Mr. Carey’s speech in Youngstown, Ohio concerned matters of concern to the membership and was not campaigning.
Neither he nor Local Union 377, who hosted his appearance, violated the Rules.
While Mr. Hoffa protests four speeches by Mr. Carey, the protester provided evidence of the contents of only one of the speeches. Thus, the Election Officer must deny the protest in its entirety because the protester has not met his burden of proof to offer evidence substantiating his allegations with respect to the other speeches. See In Re: Chentnik,
95 - Elec. App. - 52 (KC) (January 10, 1996).
Accordingly, 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
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