 |
|
|
|
IN RE: HOFFA 2006, Protestor. The Hoffa 2006 campaign filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2005-2006 IBT International Union Delegate and Officer Election (“Rules”). The protest alleged that Thomas O’Donnell, IBT vice president at large and president of Local Union 817, violated the Rules by distributing campaign literature to joint councils via fax. Election Supervisor representative Jeffrey Ellison investigated this protest. Findings of Fact The protestor alleged that O’Donnell faxed an announcement of his candidacy to various joint councils, which caused the joint councils to expend union resources receiving the transmissions. Investigation showed that O’Donnell sent a two-page fax to 36 joint councils. The fax consisted of a cover page addressed to “Joint Council Officers” and a second page announcing O’Donnell’s candidacy for IBT General President and criticizing the performance of incumbent General President James P. Hoffa. O’Donnell paid to send the announcement from fax machines available at two area office supply stores. Analysis Article VII, Section 11(c) of the Rules states the following, in relevant part:
In Ostrach, 2000 EAD 29 (October 2, 2000), the Election Administrator summarized the law concerning use of union resources with respect to faxing of campaign literature to union fax machines. Citing the Election Appeals Master’s decision in Shaffer, 00 EAM 2, p. 9, the Election Administrator wrote the following:
Our Advisory on the Use of Literature Tables or Bulletin Boards for the Distribution of Campaign Literature Inside Union Halls elaborates on this point as follows:
The advisory further cautions as follows: Candidates and slates can distribute their literature to the local by mail, fax, e-mail, or hand delivery. Any literature distributed to locals must include a cover sheet with the following information: 1) the name and address of the candidate or slate, 2) the candidate or slate representative to contact for purposes of charging any costs of reproduction, 3) a statement that union resources may not be used for reproducing the literature (except the first 50 copies as described [in the advisory]), 4) specific instructions as to how the slate wants the literature distributed, 5) where it should be placed (bulletin board or table), 6) how many copies should be reproduced, and 7) the following disclaimer:
Here, candidate O’Donnell’s fax cover page was addressed to “All Joint
Council Officers” and identified O’Donnell as the sender. Otherwise, the cover
page and the announcement of candidacy itself contained none of the information
and cautionary instructions required by decisions of the Election Officer, the
Election Administrator, the Election Appeals Master, or our advisory on the
subject. Further, the fax appears not to have been intended for distribution to
union membership generally but rather to union officers. Accordingly, the
announcement should have been sent to the home addresses of the recipients
rather than to their union offices. For these reasons, O’Donnell’s faxing of his
announcement of candidacy to union fax machines constituted an improper use of
union resources for the purpose of receiving information that was not properly
designated for distribution on literature table or bulletin board. Accordingly, we GRANT the protest. Remedy When the Election Supervisor determines that the Rules have been violated, he “may take whatever remedial action is deemed appropriate.” Article XIII, Section 4. In fashioning the appropriate remedy, the Election Supervisor views the nature and seriousness of the violation as well as its potential for interfering with the election process. We order Thomas O’Donnell to cease and desist from any further violation of the Rules with respect to improper use union resources in the distribution of campaign materials. We further order O’Donnell, within two (2) business days of receipt of this decision, to sign and fax the attached Notice to the joint councils to which he faxed his campaign announcement. Finally, we order O’Donnell, within one (1) business day of faxing the attached Notice, to transmit his affidavit to our office attesting to his compliance with this remedy. We decline to adopt the additional remedy suggested by the protestor, consisting of a monetary penalty and distribution of the protestor’s campaign literature at O’Donnell’s expense, as unwarranted in the circumstances presented. A decision of the Election Supervisor takes immediate effect unless stayed.
Lopez, 96 EAM 73 (February 13, 1996). 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 Supervisor in any such appeal. Requests for a hearing
shall be made in writing, shall specify the basis for the appeal and shall be
served upon: Kenneth Conboy Copies of the request for hearing must be served upon the parties, as well as
upon the Election Supervisor for the International Brotherhood of Teamsters,
1725 K Street, N.W., Suite 1400, Washington, D.C. 20006-1416, all within the
time prescribed above. A copy of the protest must accompany the request for
hearing. Richard W. Mark cc: Kenneth Conboy NOTICE TO JOINT COUNCILSThe Election Supervisor has determined that I violated the Election Rules by faxing certain campaign materials to IBT joint councils. Campaign materials may be faxed to IBT local unions only for display and distribution on literature tables or bulletin boards, and faxed materials must be sent with the instructions and cautionary warning required by earlier decisions issued under the Election Rules, and by the Advisory on the Use of Literature Tables or Bulletin Boards for the Distribution of Campaign Literature Inside Union Halls (available at www.ibtvote.org). The campaign materials I faxed did not include the required instructions and cautionary warning. In issuing this decision, the Election Supervisor has ordered me to cease and
desist from any future violation of the Election Rules with respect to the use
of union resources in the distribution of campaign materials, and to fax this
notice. _____________________________________ This is an official notice prepared and approved by Richard Mark, Election Supervisor for the International Brotherhood of Teamsters.
Bradley T. Raymond David J. Hoffa, Esq. Barbara Harvey Ken Paff Thomas R. O’Donnell Jeffrey Ellison |
|
|
