IN RE: CHUCK CRAWLEY, 
Protest Decision 2000 EAD 10
Issued: August 7, 2000
OEA Case No. PR063001SO

Chuck Crawley, a member of Local Union 988, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules") against Yellow Freight Systems, Inc. and the Tom Leedham campaign. Mr. Crawley alleges that Yellow Freight provided a campaign contribution to Leedham in violation of the Rules by publicizing Leedham’s candidacy for IBT General President in its weekly publication YFS Week.

Election Administrator representative Dolores Hall investigated the protest.

Findings of Fact

Yellow Freight, Inc., which employs IBT members, provides a weekly publication to its employees entitled YFS Week. The publication is not intended for the general public. Yellow Freight ships copies of its publication in bulk to its terminals, and copies are then placed in common areas and break rooms for employees to pick up and read. More than 35,000 Teamster-represented employees work throughout Yellow Freight, and each has access to YFS Week.

The June 16, 2000, issue of YFS Week includes an article on its cover page under the heading "News in the Week" entitled "Leedham to Run Again". The article is based on information contained in a press release issued by Tom Leedham, and on a June 12, 2000 article in the trade publication Traffic World. Referring to the Leedham press release, the article states:

Leedham says he wants to see less money spent on salaries for Teamsters officials, and less spent for political contributions.

As president, Leedham said, he would lower his salary. Leedham also said he would not allow staff members to draw multiple salaries. And he would spend more dollars for organizing and membership programs.

Leedham also criticized Hoffa for poor bargaining tactics during a booming economy. He cited recent negotiations with Anheuser-Busch, Northwest Airlines and Iowa Beef Processors as Hoffa failures.

On June 30, 2000, Yellow Freight published a "clarification" of its June 16 Leedham article in the next issue of YFS Week. It states:

Some of our employees have taken exception to an article appearing in the News of the Week column of the June 16 issue of YFS Week, concerning the candidacy of Tom Leedham for International Brotherhood of Teamsters president. The article was taken from coverage of Leedham’s announcement by the mainstream press. It is the policy of YFS Week to report to our employees on issues and items that are of general news interest to our industry and our company. It has also long been Yellow Freight System policy to remain strictly neutral in IBT elections, and we will continue that policy. The article appearing in the June 16 issue of YFS Week should in no way be construed as an endorsement of Leedham’s candidacy.

During the investigation, Yellow Freight also provided copies of previous articles appearing in YFS Week, in which it had reported on IBT electoral matters. These reports concerned the following:

August 29, 1997 - "New Teamster Election Begins" reports that Ron Carey’s victory over James P. Hoffa had been voided, and that a new election had been ordered.

May 8, 1998 - "Hoffa Eligible" reports on the eligibility of James P. Hoffa to run for International President.

December 11, 1998 - "Hoffa Tells His Goals for Teamsters" is an extensive article appearing as the lead story on page 1 and continuing onto page 2. The article reported on James P. Hoffa’s victory over Tom Leedham and quotes from articles appearing in The Wall Street Journal and The New York Times.

Analysis and Conclusion

Yellow Freight first maintains that its conduct generally cannot be regulated by the Rules. We reject this contention as to employers such as Yellow Freight. See, Barmon, P469 (March 1, 1991); Committee to Elect Ron Carey, P291 (March 14, 1991), aff’d 91 EAM 106 (March 22, 1991); and Darrow, P96 (September 13, 1995), aff’d 95 EAM 26 (October 13, 1995); Carothers, P194 (October 26, 1995).

Next, Yellow Freight argues that the publication of neutral articles relating to the International Officer elections do not run afoul of the Rules. The company states that it is committed to a policy of keeping its employees informed on matters of interest to them, the company and the industry, including unbiased reporting of the IBT International Officer election.

We reject this argument. Article XI, Section 1(b)(2) of the Rules prohibits employers from contributing, directly or indirectly, anything of value, where the purpose, object or foreseeable effect of the contribution is to influence, either positively or negatively, the election of a candidate. Employer publications that are targeted to a limited audience (e.g., employees of a corporation), and not to the general public, have been held by Election Officers to violate the Rules when they print material that supports or attacks a candidate for IBT office. See Barmon (company newsletter); Committee to Elect Ron Carey (pension fund newsletter); Darrow (union lawyer newsletter). See also Carothers (company newsletter).

As the Election Officer held in Carothers, "[I]t is of great concern to the Election Officer when an employer involves itself in any way in the election process. [citing Darrow] To avoid violation of the Rules prohibiting employer contributions, it is advisable that employers, particularly those of Teamster members, avoid even factual reporting or reprinting of election related news in employee newsletters." The June 16, 2000 issue of YFS Week contains such reporting, and an employer wishing to avoid violation of the Rules would be well advised to refrain from publication of such articles.

As in Carothers, however, we decline to find a violation of the Rules. Mitigating the company’s conduct is the fact that the Leedham campaign did not seek nor aid in the publication of the YFS Week article. Further, it appears that Yellow Freight acted without any intention of affecting the results of the IBT International officer elections, believing that it was merely providing its employees with information from the mainstream press of interest to them. And Yellow Freight’s subsequent "clarification" made clear to employees that their employer did "not express support for Mr. [Leedham’s] candidacy…" Further, also as in Carothers, the article was "printed more than a year prior to the International officer election." As in Carothers, the article "does not have the ‘purpose, object, or foreseeable effect … to influence, positively or negatively, the election of a candidate … ‘ and therefore is not a prohibited campaign contribution."

Based upon the foregoing, the protest is DENIED.

Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within two (2) working days of receipt of this decision. The parties are reminded that, absent extraordinary circumstances, no party may rely upon evidence that was not presented to the Office of the Election Administrator in any such appeal. Requests for a hearing shall be made in writing, shall specify the basis for the appear, and shall be served upon:

Kenneth Conboy

Election Appeals Master

Latham & Watkins

Suite 1000

885 Third Avenue

New York, New York 10022

Fax: 212-751-4864

Copies of the request for hearing must be served upon all other parties, as well as upon the Election Administrator for the International Brotherhood of Teamsters, c/o International Brotherhood of Teamsters, 25 Louisiana Ave., NW, Washington, DC 20001, all within the time period prescribed above. A copy of the protest must accompany the request for hearing.

cc: Kenneth Conboy

Dolores Hall

Patrick Szymanski

IBT General Counsel

25 Louisiana Ave. NW

Washington DC 20001

Bradley J. Raymond

Finkel, Whitefield, Selik, Raymond,

Ferrara & Feldman

32300 Northwestern Highway

Suite 200

Farmington Hills, MI 48334

J. Douglas Korney

Korney & Heldt

30700 Telegraph Rd.

Suite 1551

Bingham Farms, MI 48025

Tom Leedham

18763 South Highway 211

Molalla OR 97038

Barbara Harvey

Penobscot Building

Suite 1800

645 Griswold

Detroit, MI 48226

Chuck Crawley

116 Lyric Lane

Pasadena, TX 77503

Daniel L. Hornbeck

Assistant General Counsel

Yellow Freight System, Inc.

10990 Roe Avenue

Overland Park, KS 66211

James L. Hicks, Jr.

Suite 1100

2777 N. Stemmons Freeway

Dallas, TX 75207