September 23, 1996
VIA UPS OVERNIGHT
James P. Hoffa
September 23, 1996
Page 1
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Robert Ryder, Secretary-Treasurer
Teamsters Local Union 463
5700 N. 11th Street
Philadelphia, PA 19141
Ron Carey, General President
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
John Sullivan, Associate General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond,
Ferrara & Feldman, P.C.
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334
Nathaniel K. Charny
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
James P. Hoffa
September 23, 1996
Page 1
Re: Election Office Case No. P-954-LU463-EOH
Gentlemen:
James P. Hoffa, a member of Local Union 614 and candidate for general president, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”) alleging that Local Union 463 violated the Rules when it published and distributed a recent issue of its newsletter The Official Publication of Teamsters Local 463. Mr. Hoffa contends that the publication improperly supports the candidacies of Ron Carey for general president and John P. Morris for Eastern Region vice president.
This protest was investigated by Regional Coordinator Peter V. Marks, Sr.
James P. Hoffa
September 23, 1996
Page 1
Mr. Hoffa submitted page five of the publication in question. The page is headed “Local 463 Active at Convention” and contains the Convention report of the local union’s four Convention delegates and three alternate delegates. The report refers to the delegation as “the Ryder Team,” headed by Local Union 463 Secretary-Treasurer Bob Ryder. The seven members also serve as the local union’s Executive Board.
The report consists of five paragraphs and a closing sentence, as well as a photograph of Mr. Ryder at the Convention podium and an inset quotation from the Philadelphia Inquirer of July 21, 1996. Mr. Hoffa’s protest alleges that “[a]mong other campaign related statements” are the following:
From Sunday’s Rally for Carey to the closing minutes of the Convention’s conclusion on Friday, Local 463 was there proudly serving the members.
Hoffa supporters were disruptive at the outset of the proceedings, forcing removal of all convention guests from the floor.
Outside the floor, red vested Hoffa devotees continued their crude behavior trying to intimidate anyone who crossed their path.
The Ryder Team, who serve as the seven mrember [sic] Executive Board of Local 463, had previously signed pledges endorsing Ron Carey for IBT General President.
The Board has also pledged support for Eastern Vice President John P. Morris.
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.
In Martin, the Election Officer recognized that union officers and officials have a “right and responsibility to exercise the powers of their office and to advise and report to the membership on issues of general concern” (quoting Camarata v. International Bhd. of Teamsters, 478 F. Supp. 321, 330 (D.D.C. 1979), aff’d, 108 L.R.R.M. (BNA) 2924 (D.C. Cir. 1981)). The Election Officer also recognized in Martin that:
James P. Hoffa
September 23, 1996
Page 1
. . . an otherwise acceptable communication may be considered campaigning if it goes on to make a connection with the election or election process, if it involves excessive direct or indirect personal attacks on candidates, or, alternatively, involves lavish praise of candidates. Otherwise legitimate coverage of the activities of a union official running for office may constitute campaigning if it is excessive.
Because of the close proximity of the International officer election, the standard of scrutiny has increased.
Union-financed publications are prohibited from reporting on campaign activities, unless they provide equal coverage for all candidates for a particular office. Campaign activities, however, were inextricably linked with other proceedings at the Convention. The Election Officer recognizes that many aspects of the Convention were politically charged. Many attendees openly displayed their political affiliation. Energetic demonstrations of support for candidates were common, as were heated political debates. A portion of the proceedings was devoted solely to the nominations of International officer candidates. Thus, coverage of Convention proceedings and activities by union-financed publications violates the Rules only if such coverage unduly praises or criticizes candidates or reports on the activities conducted during the Convention solely for campaign purposes (e.g., a candidate rally) without providing equal coverage to other candidates for that office. See Chalfant, P-882-JC28-PNW et seq. (September 6, 1996).
In several recent decisions, the Election Officer addressed union-financed publications that contained strongly worded reporting about the Convention. Some reporting has been critical of Mr. Carey as Convention chair. See, e.g., Chalfant (August 1996 issue of Joint Council 28’s Washington Teamster, which included an article “written from the point of view that the failure of the Convention to address important issues was solely the fault of actions taken by the Convention chair”); Rodriguez, P-888-LU630-CLA (September 6, 1996) (Convention report by Local Union 630 delegates which attributed failure of Convention to reach certain issues on undemocratic action and abuse of Parliamentary procedure by
Mr. Carey). Other reporting has been critical of delegates aligned with Mr. Hoffa as having disrupted the Convention. See, e.g., Hoffa, P-870-PACONF-SCE (September 6, 1996)
(July 1996 issue of Pennsylvania Conference of Teamsters’ Conference Report which commented negatively on disruptive floor behavior); Hoffa, P-871-IBT-EOH (September 13, 1996) (July 25, 1996 edition of IBT’s The Teamster Leader, criticizing “a deliberate campaign . . . [to] disrupt the proceedings” through “fights, physical threats, shouting, booing, guest voting on voice votes, and other tactics”). In each of those matters, the Election Officer found that the publication was not required to present all views, and that the reporting in each case was within the scope of Convention reporting allowed by the Rules.
James P. Hoffa
September 23, 1996
Page 1
The protested article’s critical tone and content relating to Mr. Hoffa’s supporters at the Convention, as shown in the second and third passages protested by Mr. Hoffa, do not distinguish the article from the publications found not to violate the Rules in the decisions cited above. “[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.” Martin, supra. “Just as it is proper for incumbent Union officers to expend Union resources for the conduct of legitimate Union business, it is permissible for a Union member to criticize the manner in which the incumbent conducts such business.” Jacob,
P-060-LU745-EOH (July 21, 1995), remanded on other grounds, 95 - Elec. App. - 6 (KC) (August 14, 1995). The article’s tone and content is critical of Mr. Hoffa’s supporters. However, it falls within the scope of permissible Convention reporting and does not violate the Rules.
The fourth passage protested by Mr. Hoffa, however, constitutes an endorsement of Mr. Carey’s candidacy by the Local Union 463 Executive Board. That support for
Mr. Carey is also indicated in the first protested passage, which refers to the Ryder Team’s attendance at a pre-Convention Carey campaign rally. The fifth passage protested by
Mr. Hoffa constitutes the Executive Board’s endorsement of Mr. Morris’s candidacy.
Article VIII, Section 11(b) of the Rules strictly prohibits endorsements of candidates by union officials and employees unless given by the official or employee in his or her personal capacity:
An endorsement of a candidate may be made by a Union officer or employee, but solely in his/her individual capacity. The Union or a Local Union Executive Board of a Local Union as such may not endorse or otherwise advance a candidacy, even if all members agree on the endorsement or candidacy.
In applying these provisions to the protested passages, the Election Officer notes that the endorsement of Mr. Carey is phrased as by “[t]he Ryder Team, who serve as the seven member Executive Board of Local 463,” which gives the reader the impression that endorsement is by the Board. The endorsement of Mr. Morris, which is phrased as “[t]he Board has also pledged support for Eastern Vice President John P. Morris” (emphasis added), is unquestionably by the Executive Board. Therefore, the second endorsement makes clear that the first is indeed a Board endorsement. Accordingly, the Election Officer finds that Local Union 463 has violated the Rules by publishing prohibited endorsements in the protested edition of its newsletter.
For the foregoing reasons, the protest is GRANTED as to the publication of prohibited endorsements and DENIED in all other respects.
When the Election Officer determines that the Rules have been violated, she “may take whatever remedial action is appropriate.” Article XIV, Section 4. In fashioning the appropriate remedy, the Election Officer views the nature and seriousness of the violation, as well as its potential for interfering with the election process.
James P. Hoffa
September 23, 1996
Page 1
To remedy the improper candidate endorsements made by the Local Union 463 Executive Board, and to remedy the improper publication of those endorsements, the Election Officer orders the following:
1. The Local Union 463 Executive Board shall cease and desist from endorsing any International officer candidate.
2. Local Union 463 shall cause the attached notice to be posted on all local union bulletin boards in the local union hall and on employer premises. It shall remain posted for thirty (30) days. Within five (5) days of the date on which the posting is completed, Local Union 463 shall file an affidavit with the Election Officer demonstrating compliance with this order.
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 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
Peter V. Marks, Sr., Regional Coordinator
TO ALL MEMBERS OF LOCAL UNION 463
FROM THE LOCAL UNION 463 EXECUTIVE BOARD
In a recent issue of The Official Publication of Teamster Local 463, an article entitled, “Local 463 Active at Convention” reported that Local
Union 463’s Executive Board endorses two candidates in the International officer election. Such endorsements violate the Election Rules.
The Executive Board does not endorse any candidate in the International officer election.
____________________ _____________________________
Date Robert Ryder, Secretary-Treasurer
Teamsters Local Union 463
This is an official notice which must remain posted for 30 consecutive days and must not be defaced or altered in any manner or be covered with any other material.
Approved by Barbara Zack Quindel, IBT Election Officer.