November 15, 1996
VIA UPS OVERNIGHT
Jim Sylvester
November 15, 1996
Page 1
Jim Sylvester
Teamsters Local Union 705
1645 W. Jackson Boulevard
Chicago, IL 60612
Bee’s Gas and Auto Towing
3250 S. Archer Avenue
Chicago, IL 60608
Gerald Zero, Secretary-Treasurer
Teamsters Local Union 705
1645 W. Jackson Boulevard
Chicago, IL 60612
Ron Carey Campaign
c/o Nathaniel 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
Jim Sylvester
November 15, 1996
Page 1
Re: Election Office Case No. P-1165-LU705-CHI
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 Jim Sylvester, a member of Local Union 705. The protester alleges that Bee’s Gas and Auto Towing (“Bee’s”), an IBT employer, had a sign on its roof that said, “Vote for Hoffa/Hogan Teamsters 1996.”
In response, Bee’s owner, William Brewerton, admits that a pro-Hoffa sign was displayed on his roof. Mr. Brewerton states, however, that he is an IBT employer-member and that he was unaware of the Rules. Mr. Brewerton contends that he removed the sign after being notified of the protest.
This protest was investigated by Regional Coordinator Julie E. Hamos.
Jim Sylvester
November 15, 1996
Page 1
The facts are not in dispute. Bee’s is an employer with a collective bargaining agreement covering Local Union 705 members. It employs approximately 30 members. Mr. Brewerton, the owner, admits that a 1540-inch sign, which stated, “Vote for Hoffa/Hogan Teamsters 1996,” was displayed on his roof for approximately two weeks. Mr. Brewerton states that an un-identified person brought the sign to his gas station. Upon learning that Mr. Brewerton was an IBT employer-member, he asked Mr. Brewerton if he would be willing to put up a Hoffa sign at his station. Mr. Brewerton agreed to do so. The sign is no longer being displayed on the employer’s property.
While the Rules protect the ability of members to support candidates of their own choosing, that protection does not extend to affixing campaign material to property that belongs to an employer.[1] As the Election Officer stated in Phelan, P-711-LU550-NYC
(April 23, 1996), aff’d, 96 - Elec. App. - 184 (KC) (May 6, 1996), “[t]he Rules protect campaigning as a personal right of IBT members and require that it be exercised that way.”
Article XII, Section 1(b)(1) of the Rules states that “[n]o employer may contribute, or shall be permitted to contribute, directly or indirectly, anything of value, where the purpose, object or foreseeable effect of the contribution is to influence, positively or negatively, the election of a candidate.” Knowledge on the part of the employer is not an element of this violation. This prohibition extends to IBT employer-members if the contribution is derived from the employer-member’s business resources, assets or name. U.S. v. IBT, No. 88 Civ. 4486, 150 LRRM (BNA) 2210 (S.D.N.Y. August 18, 1995). See also Advisory on Campaign Contributions and Disclosure.
Article XII, Section 1(b)(9) of the Rules states that International officer candidates “are strictly liable to insure that each contribution received is permitted under the Rules.” Therefore, the placement of campaign material on employer property results in a violation of the Rules on the part of the candidate who the member intends to support.
Here, the Election Officer finds that Mr. Brewerton’s display of the campaign sign on Bee’s roof violated Article XII, Section 1(b)(1) of the Rules. While Mr. Brewerton is a union member, he used employer resources to campaign on Mr. Hoffa’s behalf. Such conduct is prohibited.
The Election Officer also finds that the Hoffa campaign violated Article XII,
Section 1(b)(9) of the Rules by accepting a prohibited employer contribution. While there is
no evidence in the record as to the identity of the person who committed the violation, this individual supported Mr. Hoffa’s candidacy and the Hoffa campaign benefitted from this act.
For the foregoing reasons, the protest is GRANTED.
Jim Sylvester
November 15, 1996
Page 1
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.
Therefore, the Election Officer orders the following:
1. Bee’s is ordered to cease and desist from contributing to any candidate in the International officer election and from displaying any sign supporting a candidate in the International officer election.
2. Within three (3) days of the date of this decision, Bee’s shall sign the attached “Notice to Members of Local Union 705 Employed by Bee’s Auto and Towing” and post it on all bulletin boards at its facility. The notice must remain posted through December 10, 1996.
3. Within five (5) days of the date of this decision, Bee’s shall send an affidavit to the Election Officer detailing its compliance with this order.
4. Local Union 705 shall afford an opportunity to the Carey campaign to send a mailing to Local Union 705 members employed by Bee’s. The Carey campaign may submit one 8½11-inch sheet of campaign material, printed on one side, to Local Union 705 within three (3) days of the date of this decision. If the Carey campaign provides this material, Local Union 705 shall duplicate and mail the material, within one (1) day of its receipt and without any other enclosure or reference to it, to Local Union 705 members employed by Bee’s. The costs of the mailing shall be borne by the Hoffa campaign.
5. Within five (5) days of the date of this decision, the local union shall submit an affidavit to the Election Officer demonstrating its compliance with paragraph 4 of this order. This affidavit shall include a copy of the invoice sent to the Hoffa campaign. The Hoffa campaign will immediately forward to Local Union 705 the amount of the invoice.
6. The Hoffa campaign shall cease and desist from accepting campaign contributions resulting from the actions of its supporters providing material to employers to affix to their property. The Hoffa campaign is further ordered to take all steps necessary to ensure compliance with this cease and desist order. Within two (2) days of paying the invoice from Local
Union 705, the Hoffa campaign will file an affidavit with the Election Officer detailing its compliance with this order, attaching a copy of the check confirming payment to Local
Union 705 for the mailing of the Carey campaign material.
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).
Jim Sylvester
November 15, 1996
Page 1
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
Julie E. Hamos, Regional Coordinator
NOTICE TO ALL LOCAL UNION 705 MEMBERS
EMPLOYED BY BEE’S GAS AND AUTO TOWING
RE: IMPROPER USE OF EMPLOYER PROPERTY
The Election Officer has found that a campaign sign was improperly placed on the roof of the Bee’s Gas and Auto Towing building, where IBT members are employed. Although it has been removed, the sign remained on the roof for at least two weeks.
The Election Rules protect campaigning as a personal right of members.
Employer property cannot be used by members to campaign. Bee’s Gas and Auto Towing does not endorse any candidate for IBT International office.
Putting International officer campaign material on employer property violates the Election Rules. Should you become aware that employer property is being used for campaign purposes, you should notify the employer immediately and contact the Election Officer at 1-800-565-VOTE.
_______________________ ___________________________
Date William Brewerton, Owner
Bee’s Gas and Auto Towing
This is an official notice which must remain posted through December 10, 1996 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.
[1]Article VIII, Section 11(a) of the Rules guarantees all union members the right “to participate in campaign activities, including the right to . . . support or oppose any candidate, to aid or campaign for any candidate, and to make personal campaign contributions.”