August 2, 1996
VIA UPS OVERNIGHT
Sherman Brown
August 2, 1996
Page 1
Sherman Brown
18331 William Drive
Doylestown, OH 44230
John M. Masters
Masters and Jesse
1399 Eaton Center
111 Superior Avenue
Cleveland, OH 44144
Ron Carey, General President
International Brotherhood of Teamsters
25 Lousiana Avenue, N.W.
Washington, DC 20001
John Sullivan, Associate General Counsel
International Brotherhood of Teamsters
25 Lousiana Avenue, N.W.
Washington, DC 20001
Sherman Brown
August 2, 1996
Page 1
Re: Election Office Case No. CONV-36
Gentlemen:
Sherman Brown, a member of Local Union 92, 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 John M. Masters, an attorney who represents certain local unions in Cleveland, Ohio. The protester alleges that while attending the International Convention, Mr. Masters violated the Rules by making campaign contributions financed by union and employer funds. The protester alleges that when he encountered Mr. Masters at the Convention, Mr. Masters was wearing buttons supporting the candidacy of Ron Carey. The protester further alleges that at that time, Mr. Masters asked the protester, who was wearing buttons supporting the campaign of James P. Hoffa, why the protester was supporting “the mob.” The protester alleges that the Carey campaign buttons worn by Mr. Masters and his reference connecting Mr. Hoffa to “the mob” were campaign contributions within the meaning of the Rules. The protester argues that because Mr. Masters used union funds to attend the Convention and because he is an employer, as defined by the Rules, his alleged campaign contributions were unlawfully supported by union and employer funds.
Sherman Brown
August 2, 1996
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In response, Mr. Masters denies wearing Carey campaign buttons or using the term “the mob” in connection with Mr. Hoffa as alleged. Mr. Masters advises that he is a union member who attended the Convention not as an employer, but as a guest of his local union. He denies using union or employer funds to attend the Convention.
Regional Coordinator William A. Wertheimer, Jr. investigated the protest.
The protester, who knew Mr. Masters prior to the Convention, saw him at the Convention Center on July 17, 1996 when the two passed each other on escalators moving in opposite directions. The protester states that Mr. Masters was wearing Carey campaign buttons. Mr. Masters denies this allegation and states that he was wearing a button with Teamsters insignia, and a button supporting the Northwest Airlines flight attendants union. Mr. Masters denies that either button was a campaign button and denies purchasing a campaign button at the Convention. The protester and Mr. Masters agree that one of the buttons worn by Mr. Masters was blue and yellow or gold, which were the colors of Teamsters buttons as well as Carey campaign buttons distributed during the Convention.
The protester states that Mr. Masters noticed that the protester was wearing Hoffa campaign buttons and asked the protester why he supported “the mob.” The protester alleges that he responded to Mr. Masters that “it wasn’t too long ago that you represented some of our locals, and took our money, and all of the sudden we’re with the mob.” The protester claims that Mr. Masters did not reply, ignoring the protester. Mr. Masters denies this exchange. He states that he told the protester, who was riding the escalator going up, that he hoped the protester was not going to join the “mob” of 400 people demonstrating upstairs because “it already appeared to be out of control.” Mr. Masters states that the entire encounter lasted no more than 10 seconds.
Mr. Masters states that he is a member in good standing of Local Union 436 and attended the Convention as a credentialed guest of the local union to observe the proceedings. He states that he did not bill any IBT member or affiliate for any professional services rendered during the Convention. He states that he did not render any legal advice to any IBT member or affiliate during the Convention.
Mr. Masters denies using union or employer funds to pay his expenses at the Convention. In a sworn affidavit submitted during the investigation, Mr. Masters states, “No labor organization or employer funds were utilized to pay my expenses at the Convention. My plane ticket, hotel, meals and other expenses were charged to my personal American Express card.”
The Rules, at Article XII, prohibit unions and employers from making campaign contributions.
Mr. Masters is both an employer and a union member. Article VIII, Section 11(a) of the Rules provides, in pertinent part: “All Union members retain the right to participate in campaign activities, including the right . . . to support or oppose any candidate, to aid or campaign for any candidate, and to make personal campaign contributions.” Thus, while
Sherman Brown
August 2, 1996
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Mr. Masters is subject to the restrictions in the Rules on the use of employer and union funds, he has a protected right to engage in campaign activities as a union member.
Mr. Masters did not attend the Convention as an employer. Based upon Mr. Masters affidavit, the Election Officer finds that Mr. Masters was not supported with union or employer funds in violation of the Rules. In these circumstances, he enjoyed a protected right to campaign.
Accordingly, the protest is DENIED.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within one 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, 400 N. Capitol Street, Suite 855, Washington, DC 20001, Facsimile
(202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Barbara Zack Quindel
Election Officer
cc: Kenneth Conboy, Election Appeals Master
William A. Wertheimer, Jr., Regional Coordinator