March 24, 1998
VIA UPS OVERNIGHT
Dane Passo
March 24, 1998
Page 1
Dane Passo
6811 West Roosevelt Road
Berwyn, IL 60402
Leroy Ellis
Stand Up for Teamsters Slate
Post Office Box 288492
Chicago, IL 60628
Jeraldine Cheatem
Stand Up for Teamsters Slate
Post Office Box 288492
Chicago, IL 60628
Dane Passo
March 24, 1998
Page 1
Re: Election Office Case No. PR-073-LU705-EOH
Gentlepersons:
Dane Passo, a member of Local Union 705, 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”) against the Stand Up Slate. Mr. Passo alleges that two letters, written in support of the Stand Up Slate and signed by former IBT Central Region vice-president Leroy Ellis, are improper campaign contributions. The protester notes that Mr. Ellis has been given a withdrawal card by Local 705, and alleges that the letters are improper because Mr. Ellis is ineligible to run for office. The protester also asserts that one of the letters inaccurately represents Mr. Ellis to be a current International vice-president.
Jeraldine Cheatem, a spokesperson for the Stand Up Slate, admits that approximately 200 copies of the protested letters had been prepared by the Stand Up Slate and mailed out to delegates to the 1996 IBT Convention. She further states that the letter as originally drafted did not refer to Mr. Ellis as an International vice-president, and that the text was later changed without her knowledge or consent.
The protest was investigated by Election Office Counsel David S. Paull.
The investigation discloses that between February 25 and March 3, 1998, volunteers for the Stand Up Slate prepared a mailing of campaign literature. The mailing was addressed to every IBT member who served as a delegate to the IBT Convention held in Philadelphia, Pennsylvania, during the summer of 1996. Ms. Cheatem stated that Shelia Ross and Diane Weaver, both members of Local Union 743, worked on the mailing as did Mr. Ellis and members of his family.
Dane Passo
March 24, 1998
Page 1
Mr. Passo, who served as a convention delegate, received the Stand Up Slate mailing. He provided the Election Office with the documents he received. According to Ms. Cheatem, the Stand Up Slate mailed out approximately 200 copies of this version of the letter. The mailing Mr. Passo received was comprised of two separate letters. Both letters displayed the IBT seal at the top and neither letter is dated. The first letter encourages the reader to vote for the Stand Up Slate and is not signed.
The main body of the second letter is entitled “Open Letter From International Vice-President Leroy Ellis.” Mr. Ellis’ names is typed at the bottom of the letter, and the letter is also apparently signed by him.
An address and several telephone numbers appear beneath the signature with an invitation to members who “would like to offer . . . help” to the slate. The foot of this entire page also bears the typed names of Mr. Ellis and Ms. Cheatem as “slate representatives,” and again appears to be signed by Mr. Ellis.
Mr. Ellis was elected to office in the 1991 election but was not re-elected. His term as International vice-president ended March 22, 1997, the day his successor was sworn in. See, IBT Constitution, Article IV, Section 1(d). On September 8, 1997, Local Union 705 issued Mr. Ellis an honorable withdrawal card. Mr. Ellis is therefore not now an active IBT member.
Article V, Section A.1 of the 1996 IBT International Officer Rerun Election Plan
(“Rerun Plan”) states:
No candidate, slate of candidates or independent committee, nor anyone on their behalf, may solicit or accept financial support, or any other direct or indirect support of any kind, from any nonmember. Nonmembers include any former member of the IBT (including retirees). Nonmembers do not include a member’s immediate family defined as the member’s spouse, parents, children, sister(s) and brother(s). (Emphasis added.)
Article II, Section A.1 of the Advisory on Campaign Contributions and Disclosure (Revised November 1997) (“Advisory”) specifies that only active members, the immediate family of active members and independent committees are permitted to make contributions to candidates or their campaigns. The Advisory further indicates that the term “active member” specifically excludes any person “on withdrawal, suspended, retired, resigned, or expelled from the Union.”
Dane Passo
March 24, 1998
Page 1
The protested letters express support for the Stand Up Slate and one letter contains the explicit endorsement of Mr. Ellis as evidenced by his signatures. The “open letter” incorrectly refers to Mr. Ellis’ as if he were still an International vice-president. Regardless of the Stand Up Slate’s actual intent or Ms. Cheatem’s knowledge, this reference cannot be read as anything other than Mr. Ellis’ use of his former position in an effort to add weight to his endorsement of the Stand Up Slate. The Rules at Article XII, Section 1(b)(9) impose strict liability on candidates “to insure that each contribution received” is not prohibited.
Mr. Ellis’ endorsements of the Stand Up Slate constitutes a campaign contribution as defined by the Advisory at Article I, Sections A and B(3). Mr. Ellis was not an “active member” at the time these endorsements were made. Consequently, the contributions are prohibited by the Rerun Plan. Individuals may make contributions to candidates regardless of whether or not they are eligible to run for office, so long as they are active IBT members as defined by the Rerun Plan and explained in the Advisory. See also, Rules at Article VIII, Section 11(a). No persons other than members, however, may contribute to candidates. While Mr. Ellis could participate as a volunteer in the specific ways set forth in the Advisory at II. H, neither he, nor any other former member may endorse candidates or slates, or provide any other form of contribution.
For the foregoing reasons, the protest is GRANTED.
As a remedy, the Election Officer orders that the Stand Up Slate immediately cease and desist from the acceptance or use of improper campaign contributions under the Rules and the Rerun Plan. Further, the Election Officer orders that Mr. Ellis immediately cease and desist from the making of contributions to any candidate or slate for IBT international office until such time as he is again an “active member” of the IBT.
Furthermore, the Election Officer orders the Stand Up Slate, within five (5) days of receipt of this decision, to mail the attached “Notice to IBT Members” to those persons who received the improper mailing.
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 (1) 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
Dane Passo
March 24, 1998
Page 1
Copies of the request for hearing must be served on the parties listed above as well as upon the Election Officer, 444 North Capitol Street, NW, Suite 445, Washington, DC 20001, Facsimile (202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely
Michael G. Cherkasky
Election Officer
MGC:chh
cc: Kenneth Conboy, Election Appeals Master
NOTICE TO IBT MEMBERS
The 1996 IBT International Officer Rerun Plan prohibits candidates from accepting contributions from anyone who is not an active IBT member. Only active IBT members may contribute to candidates. Contributions include money, and non-monetary contributions such as endorsements.
The Stand Up Slate has been ordered to distribute this Notice because it accepted an improper campaign contribution in the form of an endorsement from a former IBT member. The Election Officer has ordered the Stand Up Slate to distribute this Notice, and has further ordered the Stand Up Slate not to accept such contributions again.
________________________________
Michael G. Cherkasky
Election Officer