May 16, 1996
VIA UPS OVERNIGHT
Nancy Stephens
May 16, 1996
Page 1
Nancy Stephens
207 N.E. Greystone Drive
Lee’s Summit, MO 64086
Ron Carey, General President
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
John Sullivan, Assoc. Gen. Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
Nancy Stephens
May 16, 1996
Page 1
Re: Election Office Case No. P-757-IBT-SCE
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”) by Nancy Stephens, a member of Local Union 41. Ms. Stevens alleges that the IBT published a newsletter in order to “slander” Frank Wsol, secretary-treasurer of Local Union 710 and a candidate for International office, in violation of the Rules. In support of her protest, Ms. Stephens provided a copy of an IBT news release dated April 17, 1996, announcing the circumstances of Mr. Wsol’s suspension. In the left margin of this document, perpendicular to the main body of text, in a different font, are the words “1 of the Hoffa ‘96 Slate.” She alleges that the IBT resources used in the publication and distribution of this document constitute a union contribution to the Carey campaign, in violation of the Rules.
The IBT responds that the protested document is a press release, not a newsletter as stated by the protester, that accurately reports the suspension of Mr. Wsol, a newsworthy event. According to the IBT, the press release was meant to inform the media about the action taken concerning Mr. Wsol. It was not generally distributed to the membership, but copies were provided to members who had previously requested information concerning actions taken by the General Executive Board. The IBT denies that the press release included the label
Nancy Stephens
May 16, 1996
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“1 of the Hoffa ‘96 Slate,” contending that this label was added after it left the IBT’s possession by an unknown third party.
Regional Coordinator Bruce Boyens investigated the protest.
On April 17, 1996, the IBT issued a press release entitled, “HISTORIC ACTION BY INTERNATIONAL UNION PROTECTS MEMBERS’ RIGHT TO SPEAK OUT.” The release announces the General Executive Board’s decision to suspend Mr. Wsol, Local
Union 710 Recording Secretary Robert Falco and Shop Stewards Gary Crume and Greg Lees. According to the press release, the General Executive Board upheld a hearing panel’s findings that Mr. Wsol retaliated against a Local Union 710 member who criticized Local Union 710 officers in a letter to the IBT magazine The Teamster.
The protester alleges that the publication of this document with IBT resources constitutes an improper contribution of union funds to Mr. Carey’s campaign. In Gilmartin, however, the Election Officer found that a campaign contribution analysis should not be applied to official communications of the union to the members. Instead, she concluded “that a union’s communications to its own members will be reviewed to see if the communications constitute campaigning under Article VIII, Sections 8(a) and 11(b) of the Rules.”
Article VIII, Section 8(a) of the Rules states that a union-financed publication or communication may not be “used to support or attack any candidate or the candidacy of any person.” In reviewing union-financed communications for improper campaign content, the Election Officer looks to the tone, content and timing of the publication. Martin, P-010-
IBT-PNJ, et al. (August 17, 1995) (decision on remand), aff’d 95 - Elec. App. - 18 (KC) (October 2, 1995). The Election Officer also considers the context in which the communication appeared.
The IBT press release of April 17, 1996 is a straightforward account of the basis for the General Executive Board’s ruling against the Mr. Wsol and other members of his local union. The event itself was worthy of publicity and the IBT has previously made a practice of issuing similar releases when other IBT officials have been disciplined for ethical violations. A union-financed publication may report on such measures as long as the coverage does not convey that the actions are a reason to re-elect the general president. See, e.g., Tusino,
P-639-IBT-SCE (April 12, 1966), aff’d 96 - Elec. App. - 178 (KC) (April 24, 1996) (permitting IBT to issue press release announcing suspension of union officer); Blake, P-245-JC42-CLA (December 18, 1995) (allowing union-financed publication to report rationale for imposition of trusteeship). Accordingly, the Election Officer does not find the press release to constitute campaigning.
Nancy Stephens
May 16, 1996
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The standard set forth in Martin also applies to press releases issued by the International union to media entities. However, if a third party uses a publication issued by a union entity for campaign purposes, without any evidence of union funds being utilized, the union entity has not violated the Rules. A protester must first prove that the document or publication violated the Rules in its original form or that union funds were utilized to create or distribute the altered document.
The investigation revealed that the notation “1 of the Hoffa ‘96 Slate” was not included in the original press release. The notation was added after the release was distributed. No evidence has been presented or uncovered to indicate who added the notation. It was not the intent of the IBT to release the protested document with such a label. The Election Officer concludes that the IBT is not responsible for the manner in which the document was defaced or altered after it left the control of the IBT.
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.
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 N. Capitol Street, Suite 855, Washington, DC 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