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Office of the Election Supervisor for the International Brotherhood of Teamsters

November 4, 1998

 

VIA FIRST CLASS MAIL

 


A.J. Wood, Sec.-Treas.

November 4, 1998

Page 1

 

A.J. Wood, Sec.-Treas.

Teamsters Local Union 464

490 E. Broadway

Vancouver, BC V5T 1X3

CANADA

 

Garnet Zimmerman, President

Teamsters Local Union 31

1 Grosvenor Square

Delta, BC V3M 5S1

CANADA

 

Hoffa Slate

c/o Patrick J. Szymanski, Esq.

Baptiste & Wilder

1150 Connecticut Avenue, NW

Suite 500

Washington, DC 20036

 

Louis Lacroix Team Canada Slate

c/o Ron Douglas

Teamsters Canada

#204-1867 W. Broadqay

Vancouver, BC V6J 4WI

CANADA

 

James P. Hoffa

2593 Hounds Chase

Troy, MI 48098

 


Bradley T. Raymond, Esq.

Finkel, Whitefield, Selik,

   Raymond, Ferrara & Feldman

32300 Northwestern Highway

Suite 200

Farmington Hills, MI 48334

 

Steve Clark

14032 Hyland Road

Surrey, BC V3W 2C4

CANADA

 

Tom Sever, Acting General

   President/Secretary-Treasurer

Int’l Brotherhood of Teamsters

25 Louisiana Avenue, NW

Washington, DC 20001

 

David L. Neigus

Acting General Counsel

Int’l Brotherhood of Teamsters

25 Louisiana Avenue, NW

Washington, DC 20001

 

Charles M. Carberry

Chief Investigator

Independent Review Board

17 Battery Place

Suite 331

New York, NY 10004

 

 


A.J. Wood, Sec.-Treas.

November 4, 1998

Page 1

 

Re:  Election Office Case No. PR-343-LU464-EOH

 


A.J. Wood, Sec.-Treas.

November 4, 1998

Page 1

 

Gentlemen:

 

A. J. (Jim) Wood, secretary-treasurer of Local Union 464, 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 Garnet Zimmerman.  Mr. Zimmerman is  president of Local Union 31 and a candidate for Teamsters Canada vice president on the Hoffa Unity Slate.  Mr. Wood alleged that Mr. Zimmerman prepared and distributed a letter, using Local Union 31 resources and letterhead, which supports his candidacy.  Mr. Zimmerman admits that he prepared and distributed the protested letter and that it was union-financed. 

Mr. Zimmerman denies, however, that he violated the Rules.

 

The protest was investigated by Election Office Counsel David S. Paull.

 

The only evidence submitted by the protester in support of his protest is a copy of the letter itself, which is seven pages in length and addressed to the Independent Review Board (“IRB”).  Dated October 13, 1998, the stated purpose of the letter was to request the IRB to investigate internal local union charges filed by Steve Clark against Mr. Wood and others, charging that a Local Union 464 election was not properly conducted and that certain fiduciary duties had been breached.  Mr. Zimmerman’s letter is critical of Mr. Wood, who is a supporter of the opposing Louis Lacroix Team Canada Slate.  The letter contains no reference to the International officer rerun election or any International candidate and makes no mention of any campaign themes.

 

Article VIII, Section 8(a) of the Rules states that a union-financed publication or communication may not be “used to support or attack any candidate or the candidacy of any person.”  In reviewing union-financed communications for improper campaign content, the Election Officer looks to the tone, content and timing of the publication.  Martin, P-010-IBT-PNJ, et seq. (August 17, 1995), affd, 95 - Elec. App. - 18 (KC) (October 2, 1995). The Election Officer also considers the context in which the communications appeared.

 

              In Martin, the Election Officer recognized that 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.” (quoting Camarata v. International Bhd. of Teamsters, 478 F. Supp. 321, 330 (D.D.C. 1979), aff’d, 108 L.R.R.M. (BNA) 2924 (D.C.Cir. 1981).  Union-financed letters which discuss local internal union charges or the conduct of local elections do not violated the Rules unless election-related matters are referenced.  Atha, PR-001-IBT-EOH (October 10, 1997); Blake, P-245-JC42-CLA (December 18, 1996), aff'd 96 - Elec. App. - 54 (KC) (January 12, 1996);  Kelly, PR-330-JC92-EOH et.seq. (October 26, 1998).

 

Despite the complete absence of any reference to the International officer election in the October 13 letter, the protester maintains that the letter violates the Rules and describes his position as follows:


A.J. Wood, Sec.-Treas.

November 4, 1998

Page 1

 

I am a well-known supporter of the Louis Lacroix Team Canada Slate and have publicly opposed the candidacy of Zimmerman.  By suggesting to the members that my conduct should be investigated, he is attacking me directly, and the Louis Lacroix Team Canada Slate indirectly. 

 

Mr. Wood’s contention cannot be sustained.  He is not a candidate for any office in the International officer rerun election.  In his letter of October 13, Mr. Zimmerman’s remarks are limited to Mr. Wood’s actions as a union officer.  Mr. Zimmerman did not implicate the Louis Lacroix Team Canada Slate or any other candidate.  Mr. Wood’s support of the Louis Lacroix Team Canada Slate cannot operate to insulate him from criticism of his official actions by another local union officer.  That is not the purpose of the Rules.

 

Accordingly, the protest is 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

 

 

cc:              Kenneth Conboy, Election Appeals Master