November 25, 1996
VIA FACSIMILE
James P. Hoffa
November 25, 1996
Page 1
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Fax (313) 568-4921
Yellow Freight
7701 W. Jefferson Avenue
Detroit, MI 48209
Fax (313) 849-2203
Daniel Hornbeck
Yellow Freight
10990 Roe Avenue
Overland Park, KS 66211
Fax (913) 344-3977
Ron Carey Campaign
c/o Nathaniel K. Charny
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
Fax (212) 695-5436
James Carruthers
Teamsters Local Union 299
2741 Trumbull Avenue
Detroit, MI 48216
Fax (313) 965-0301
Ron Carey, General President
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
Fax (202) 624-8798
Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond,
Ferrara & Feldman
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334
Fax (810) 855-6501
John Sullivan, Associate General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
Fax (202) 624-6884
James P. Hoffa
November 25, 1996
Page 1
Re: Election Office Case No. P-1248-IBT-MGN
Gentlemen:
James P. Hoffa
November 25, 1996
Page 1
James P. Hoffa, a member of Local Union 614 and a candidate for general president, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) alleging that International Representative James Carruthers and others “acting on behalf of the Carey campaign were granted access to and permitted to walk the dock areas of Yellow Freight’s facility [in] Detroit, Michigan” and actively campaigned for Ron Carey, incumbent general president and a candidate for reelection. Mr. Hoffa claims that he has been denied similar access to this facility.
Mr. Carruthers admits that he campaigned on the date in question with another individual, but states that they did not walk the dock. Mr. Carruthers states that they signed in at the gate, stating that they were there on union business and that they campaigned in the lunchroom for about an hour.
Regional Coordinator William A. Wertheimer, Jr. investigated this protest.
The investigation revealed that on November 12, 1996, Mr. Carruthers and an unidentified companion went to the Yellow Freight facility in Detroit, Michigan. They signed in at the gate as being on union business and proceeded to the lunchroom, where they campaigned on behalf of Mr. Carey for about an hour.
Jim Pace, a Local Union 337 member, states that he saw Mr. Carruthers and his companion campaigning in the lunchroom at approximately 7:15 a.m. He states that he has no evidence as to how they gained access to the facility. Mr. Pace did not see them campaign on the dock.
Mr. Hoffa objects to such campaigning. He states that in March 1996, Local
Union 337 official Carlos Scalf requested permission to campaign at the Yellow Freight facility on Mr. Hoffa’s behalf and was denied. Mr. Scalf made his request to Yellow Freight’s labor relations representative, Bob Jones, for permission to campaign on the dock and in the lunchroom. Mr. Hoffa states that they were denied access to the dock and the lunchroom, but were told that they could campaign in the parking lot, which they did. Thus, Mr. Hoffa alleges that Hoffa campaigners have been denied access, as Carey campaigners have been given, to campaign in Yellow Freight’s facility.
A non-employee may gain access to employer premises under the following provisions of the Rules: (1) the “parking lot rule,” which creates a limited right for non-employees to campaign in parking lots where members park their cars;[1] and (2) if there is a pre-existing right- of-access, such as from past practice.[2]
James P. Hoffa
November 25, 1996
Page 1
In this matter, the Election Officer finds that Mr. Carruthers misrepresented the purpose of his visit to the employer, and there is no evidence in the record that Yellow Freight had knowledge of his campaigning. Thus, there is no evidence of a right for non-employees to enter the facility for campaigning. The Election Officer finds that Yellow Freight has not permitted discriminatory access and did not violate the Rules.
The Election Officer is troubled by the misrepresentation used here to improperly gain access to employer premises to campaign. Such behavior violates Article VIII, Section 11(b) of the Rules. The right of union officers and employees to campaign in their personal capacity under Article VIII, Section 11(b) is violated by the misuse of union credentials. See Von Moore, P-670-LU743-CHI et seq. (June 7, 1996) (“[t]here is no question that if current Local Union . . . business agents had used their business cards to gain entry to these employers to conduct union business, but instead engaged in campaigning, such actions would violate . . . the Rules”).
The Election Officer finds that Mr. Carruthers and his companion violated the Rules when they campaigned in Yellow Freight’s lunchroom without properly obtaining access.
For the foregoing reasons, the protest is GRANTED as to the improper campaigning by Mr. Carruthers.
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.
In order to provide Mr. Hoffa with similar access to Yellow Freight employees, the Election Officer orders Yellow Freight to permit two IBT members representing the Hoffa campaign to campaign in the lunchroom at its facility in Detroit, Michigan at 2:00 p.m. on November 26, 1996 for no more than one hour. The campaigners shall not otherwise disrupt the operations of the facility. The Election Officer finds that this opportunity will afford equal access to Mr. Hoffa.
Mr. Carruthers shall immediately cease and desist from campaigning on employer premises, except as permitted by the Rules.
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:
James P. Hoffa
November 25, 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, 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
William A. Wertheimer, Jr., Regional Coordinator
[1]Article VIII, Section 11(e)(iii) of the Rules states, “a candidate for International office and any Union member within the regional area(s) in which said candidate is seeking office may distribute literature and/or otherwise solicit support in connection with such candidacy in any parking lot used by Union members to park their vehicles in connection with their employment in said regional area(s).”
[2]Article VIII, Section 11(d) of the Rules states, “no restrictions shall be placed upon candidates’ or members’ preexisting rights to solicit support, distribute leaflets or literature, conduct campaign rallies, hold fund-raising events or engage in similar activities on employer or Union premises.”