July 1, 1998
VIA UPS OVERNIGHT
James P. Hoffa
July 1, 1998
Page 1
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Ken Hall, Director
Parcel and Small Package Trade Division
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
David L. Neigus
Acting General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
Bradley T. Raymond, Esq.
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
Henry F. Murray, Esq.
Livingston, Adler, Pulda & Meiklejohn
557 Prospect Avenue
Hartford, CT 06105
James P. Hoffa
July 1, 1998
Page 1
Re: Election Office Case Nos. PR-100-KHC-EOH
PR-101-KHC-EOH
Gentlemen:
James P. Hoffa, a candidate for general president, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”). In PR-100, the protester alleged that Ken Hall, a declared candidate for general president, improperly used union resources to campaign through a series of steward training seminars relating to the UPS contract. The protester contended that training seminars would serve as a pretext for Mr. Hall to campaign for the rerun election in violation of the Rules. In PR-101, the same protester alleged that Mr. Hall engaged in campaigning during a UPS regional meeting in Dallas, Texas, in violation of the Rules. The protester claimed that Mr. Hall was manufacturing reasons to travel on union business in order to use union resources for campaign travel.
Mr. Hall responded that his travel resulted from legitimate union business and that any campaigning that occurred while he was traveling was incidental to the legitimate union business and therefore proper under the Rules. The protests were combined due to the similar facts and allegations.
These protests were investigated by Regional Coordinator Judith E. Kuhn.
James P. Hoffa
July 1, 1998
Page 1
Mr. Hall is the head of the Director of the Parcel and Small Packages Trade Division. He was instrumental in negotiating the new UPS collective bargaining agreement. He announced his candidacy for International general president on April 5, 1998.
The UPS collective bargaining agreement was ratified on February 6, 1998. On December 3, 1997, Mr. Hall sent a message through the TITAN system that set out a plan to train union leaders and stewards about the new UPS collective bargaining contract. That was the first announcement of the training sessions. In the message, Mr. Hall notified all UPS local unions he would first hold regional meetings to review the new contract and, later, training sessions for stewards at local unions across the country. The plan for regional meetings followed by training sessions was reported in the UPS Update on February 13, 1998.
On May 6, 1998, Mr. Hall sent another TITAN message asking the local unions for information in order to begin scheduling the steward training sessions. Currently, no training sessions have been held, but four have been scheduled. Mr. Hall is not scheduled to attend any of the training sessions.
The first regional meeting was held in Cincinnati, Ohio on April 21-22, 1998. Mr. Hall attended. The regional meeting included a component on organizing Federal Express employees. Two Federal Express employees, Leanna Cochran and Dan Profitt, also attended to assist in that component.
The second regional meeting on the new UPS contract was held in Dallas, Texas, on May 11 and 12, 1998. Mr. Hall attended the meeting. Originally, the agenda for the Dallas meeting included the same component on organizing Federal Express; however, after the Cincinnati meeting, it was determined that more time was needed to discuss the UPS contract so the Federal Express organizing session was removed from the remaining meetings. During both May 11 and 12, Mr. Hall met with attendees to explain changes in the UPS contract.
Ms. Cochran and Mr. Proffit had been scheduled to attend the Dallas regional meeting and had purchased non-refundable airplane tickets before the Federal Express organizing session was removed from the meeting agenda. These employees were leaders in the Federal Express organizing drive. As Ms. Cochran and Mr. Proffit had already purchased the tickets, it was decided that they would attend the meeting in Dallas and Mr. Hall would meet privately with them outside of the formal meetings.
James P. Hoffa
July 1, 1998
Page 1
According to the IBT statement and Mr. Hall, Mr. Hall met with Ms. Cochran and Mr. Proffit on the evening of May 11, 1998. At the end of this meeting, the IBT stated that Mr. Proffit told Mr. Hall he would like to support his election campaign. Mr. Hall responded that because they were not IBT members, they could not help him. The IBT statement follows that Mr. Proffit then raised the possibility of a radio talk show debate between Mr. Hall and Mr. Hoffa. Mr. Proffit worked as a volunteer for the radio talk show, on which Mr. Hoffa had appeared during the initial election. Mr. Hall stated that he told Mr. Proffit he was not opposed to a candidate debate and he would be willing to consider a debate. The campaign-related conversation lasted less than five minutes.
Union officers and officials have a “right and responsibility to exercise the powers of their office to advise and report to the membership on issues of general concern.” Campanella, PR-025-IBT-NCE (November 14, 1997) citing Martin, P-010-IBT-PNJ (August 17, 1995), aff’d, 95 - Elec. App. - 18 (KC) (October 2, 1995). Accordingly, candidates who are union officers have an obligation to perform the duties of their office during an election.
The Election Officer has previously held that Mr. Hall’s announcement of and participation in meetings relating to the enforcement and administration of the UPS collective bargaining contract is legitimate union activity. Hoffa, PR-079-IBT-EOH (May 5, 1998), aff’d, 98 - Elec. App. - 349 (KC) (May 18, 1998). The announcements of the steward training seminars clearly explain that the seminars will cover the new UPS contract. The announcements make no reference to the election campaign or Mr. Hall’s candidacy. The protester presented no evidence that any campaign-related activity occurred with regard to the announcement of the steward training sessions.
While candidates may not campaign during time that is paid for by the union or any other employer; “campaigning incidental to work or regular union business or during paid vacation, paid lunch hours or breaks, or similar paid time off is not violative of the campaign contribution rules.” Rules, Article XII, Section 1(b)(4). A candidate is not prohibited by the Rules from campaigning merely because he is traveling on union-paid business, as long as such campaigning does not take place during working hours or does not otherwise involve the use of union funds or resources. Abraham, PR-089-LU100-NCE (June 8, 1998); Sullivan, P-052-LU14-SCE (December 12, 1995), aff’d in rel. part, 96 - Elec. App. - 55 (KC) (January 17, 1996).
Mr. Proffit attended the regional meeting for union business, not election campaign business. Mr. Hall discussed campaign-related issues with Mr. Proffit for approximately five minutes after a meeting on union business. Such discussion is incidental to regular union business and, accordingly, does not violate the Rules.
The protester also alleged that Mr. Hall is artificially manufacturing reasons for union travel in order to campaign across the country and have the union pay for the campaigning. The protester submitted no evidence in support of his allegations, but merely refers to a “sense” that Mr. Hall has engaged in more travel in 1998 than in previous years.
Mr. Hall and the IBT respond that any travel he has done using IBT resources involved legitimate union business. The IBT additionally argued that in Mr. Hall’s position as Director of the Parcel and Small Package Trade Division, extensive travel is necessary to effectively communicate with the membership. The IBT submitted Mr. Hall’s travel and expense reports for the period of January 1995 through April 1998.
James P. Hoffa
July 1, 1998
Page 1
The evidence of Mr. Hall’s travel shows that Mr. Hall has not increased his travel in 1998. In fact, Mr. Hall has traveled fewer days on average per month in 1998 than in 1995 and 1996, and virtually the same number of days on average per month as in 1997. His travel in 1998 has all been for legitimate union business, primarily for grievance committees and secondarily for regional conferences.
The Election Officer has consistently denied protests when the protester offers no evidence to corroborate and support his allegations. Hoffa, PR-081-IBT-NCE (May 13, 1998). The protester bears the burden of proof to present evidence that a violation has occurred. Rules, Article XIV, Section 1. In the instant case, the protester has presented no evidence of a violation and Mr. Hall has presented substantial evidence that he is traveling for legitimate union business and that he has not changed his travel patterns since becoming a candidate.
Accordingly, these protests are DENIED.
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
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
Enclosures
cc: Kenneth Conboy, Election Appeals Master
Judith E. Kuhn, Election Officer Representative