October 22, 1996
VIA UPS OVERNIGHT
Ken Mee
October 22, 1996
Page 1
Ken Mee
42356 Greenbrier Park Drive
Fremont, CA 94538
Jerry Laird, Secretary-Treasurer
Teamsters Local Union 857
1930 G Street
Sacramento, CA 95814
Lucio M. Reyes, Secretary-Treasurer
Teamsters Local Union 601
745 E. Miner Avenue
Stockton, CA 95202
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Ron Carey Campaign
c/o Nathaniel K. Charny
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond,
Ferrara & Feldman, P.C.
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334
Ken Mee
October 22, 1996
Page 1
Re: Election Office Case No. P-985-LU857-CSF
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by
Ken Mee, vice president for the Western Region and a candidate for reelection. Mr. Mee alleges that Jerry Laird, secretary-treasurer of Local Union 857, posted campaign literature in support of the candidacy of James P. Hoffa, candidate for general president, at a work site under the jurisdiction of Local Union 601 without the local union’s permission, in violation of the Rules.
Ken Mee
October 22, 1996
Page 1
Mr. Hoffa responds that it is his understanding that Mr. Laird denies that he posted the literature. Mr. Hoffa also contends that, if Mr. Laird posted such material, the posting would constitute campaigning incidental to his official business at the work site. Mr. Laird did not respond to this investigation.
Regional Coordinator Matthew D. Ross investigated the protest.
The investigation revealed that on September 16, 1996, literature in support of
Mr. Hoffa’s candidacy was posted on a bulletin board at Health Services Benefit Administrators, Inc. Mr. Laird, a known Hoffa supporter, visited the fund that day. The investigation also revealed that, in accordance with local union policy, campaign material is not permitted to be posted on the bulletin board. The campaign material was posted for approximately two hours.
Article VIII, Section 11(d) of the Rules states:
No restrictions shall be placed upon candidates’ or members’ preexisting rights to use employer or Union bulletin boards for campaign publicity . . . Such facilities and opportunities shall be made available to all candidates and members on a nondiscriminatory basis.
Past practice is a relevant consideration in determining whether a pre-existing right to use bulletin boards for campaign-related purposes has previously been established. Meyer,
P-130-LU600-MOI et seq. (October 12, 1995); Blake, P-953-LU848-CLA (October 30, 1991).
The investigation revealed that campaign literature was posted on a bulletin board when there was no pre-existing right to do so. The literature was posted for only two hours and no information was provided indicating that any campaign literature has been posted on the bulletin board involved in this protest since the incident on September 18, 1996. The Election Officer advises the parties involved in this protest that the posting of such campaign literature is not permitted on this bulletin board. Due to the short duration of the posting and the absence of any further violations, however, the Election Officer declines to find a Rules violation.
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:
Ken Mee
October 22, 1996
Page 1
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, 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
Matthew D. Ross, Regional Coordinator