This website uses cookies.
Office of the Election Supervisor for the International Brotherhood of Teamsters

 

 

 

 

 

 

 

 

 

 

 

 

December 3, 1996

 

 

VIA UPS OVERNIGHT

 


Joe Fahey

December 3, 1996

Page 1

 

 

Joe Fahey, President

Teamsters Local Union 912

163 W. Lake Avenue

Watsonville, CA  95076

 

James P. Hoffa

2593 Hounds Chase

Troy, MI  48098

 

Ron Carey Campaign

c/o Nathaniel Charny

Cohen, Weiss & Simon

330 W. 42nd Street

New York, NY  10036

 


WLUP Radio

875 N. Michigan Avenue

Suite 3750

Chicago, IL  60611

 

Jim Belushi

c/o House of Blues

329 N. Dearborn

Chicago, IL  60610

 

Bradley T. Raymond

Finkel, Whitefield, Selik, Raymond,

  Ferrara & Feldman

32300 Northwestern Highway, Suite 200

Farmington Hills, MI  48334


Joe Fahey

December 3, 1996

Page 1

 

 

Re:  Election Office Case No. P-1293-LU912-NYC

 

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 Joe Fahey, a member of Local Union 912.  Mr. Fahey alleges that screen actor Jim Belushi and WLUP, a Chicago radio station, made improper contributions to the campaign of James P. Hoffa, a candidate for general president.  Specifically, Mr. Fahey alleges that while appearing on a WLUP talk show, Mr. Belushi endorsed Mr. Hoffa’s candidacy.  Mr. Fahey also asserts that Mr. Hoffa’s campaign is strictly liable for the alleged improper endorsement.

 

In response, Mr. Belushi admits endorsing Mr. Hoffa’s candidacy but denies that he is an employer.  Mr. Hoffa responds that Mr. Belushi’s comments are protected free speech and that the publication of his comments by WLUP fall within the media exception.


Joe Fahey

December 3, 1996

Page 1

 

 

This protest was investigated by New York City Protest Coordinator Barbara Deinhardt.

 

On November 20, 1996, Mr. Belushi called into a talk show hosted by Jonathan Brandmeier on WLUP (97.9 FM) radio in Chicago.   WLUP is owned by Evergreen Media.  The Brandmeier show is syndicated and is presented in a talk radio/comedy format.  Mr. Belushi has been a call-in guest on the program several times before. 

 

On this occasion, Mr. Belushi talked with Mr. Brandmeier about a new music establishment in the city, Chicago House of Blues.  After speaking of this new venture,

Mr. Belushi said, “How’s Billy Hogan doing?”[1]  Mr. Brandmeier did not respond.  Mr. Belushi then said, “The ballots are out.  We need to turn this town back into the union town it once was.  We need everyone to vote for Hoffa.”  Mr. Belushi does not deny making these statements.

 

Based on the investigation, Mr. Belushi is not an employer.  As to the Chicago House of Blues, Mr. Belushi is a small investor who receives stock options in the Chicago House of Blues as compensation for his performances.  He also owns stock options in the Los Angeles House of Blues through a similar compensation arrangement.  Mr. Belushi has no managerial authority at either establishment.

 

Mr. Belushi also is currently under contract to do a television show for Brilstein, Grey.  As part of the compensation arrangement with Brilstein, Grey, a secretary performs services for him.  The secretary’s compensation is paid for by Brilstein, Grey and Mr. Belushi has no power to hire or fire her.  Mr. Belushi also is part of a band.  Other members of the band are indepen-dent contractors and are not employed by him.  Money made by the band is split among the individuals.  Mr. Belushi does not file government employer forms with social security or the IRS.

 

The Election Officer’s “Advisory on Campaign Contributions and Disclosure,” states inter alia that the Rules permit persons who are “[n]on-members who are not otherwise considered employers under the Rules . . .” from making campaign contributions. 

 

The Election Officer finds that Mr. Belushi is not an employer as defined by the Rules.  Instead, Mr. Belushi is a non-member of the IBT who is permitted to make a campaign contribution, i.e., to endorse a candidate for International office.

 


Joe Fahey

December 3, 1996

Page 1

 

 

There is no question that WLUP is an employer as defined by the Rules.  However, the Election Officer has recognized a broad exception to the Article XII, Section 1 prohibition against employer contributions for publications intended for and disseminated to the general public, as to which [t]he First Amendment of the U.S. Constitution requires . . . the greatest latitude in exercising the right to communicate.  Hoffa, P-743-IBT-SCE (May 23, 1996).  Thus, under a media exception to the regulation of campaign contributions, the Election Officer does not exercise jurisdiction over newspaper or magazine articles published by entities which are not owned or whose editorial policies are not controlled by candidates or committees acting on behalf of candidates.  Pressler, P-365-LU705-CHI (February 22, 1996); Brennan, P-971-IBT (October 16, 1991); Scott, P-969-IBT (October 18, 1991).  The media exception also applies to cable and broadcast media.  See, e.g., Pressler (applying media exception to radio broadcast).

 

WLUP was fully protected by the media exception in deciding to interview Mr. Belushi and in allowing Mr. Belushi to express his views on the campaign.  There is no evidence that any person from Mr. Hoffa’s campaign controls the radio station’s editorial decisions.

 

Accordingly, this 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

Barbara C. Deinhardt, New York City Protest Coordinator

 

 


[1]This reference is to William T. Hogan, former secretary-treasurer at Local Union 714 and a former candidate for International secretary-treasurer on Mr. Hoffa’s slate.