This website uses cookies.
Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: JOHN F. ANDERSON,
Protest Decision 2001 EAD 295
Issued: April 3, 2001
OEA Case No. PR033011WE

Local 313 member and delegate candidate John Anderson 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"). Anderson alleges that IBT General President James P. Hoffa violated the Rules by using his title in an endorsement of a slate running in Local 313's delegate election.

Election Administrator representative Jason Weidenfeld investigated the protest.

Findings of Fact

On March 30, 2001, Anderson saw a flier headed, "IBT General President James Hoffa Proudly Endorses the... 313 Unity Slate." As the heading indicates, the flyer is Hoffa's endorsement of the Unity slate in Local 313's delegate election. The message clearly comes from Hoffa, even though part of the flyer asserts the accomplishments of the IBT since Hoffa became president. The flyer reiterates this fact, noting that the reference to Hoffa as General President is "for identification purposes only." In the last paragraph of text, Hoffa repeats his request for members to vote for the Unity slate.

Analysis

Article VII, Section 11(b) of the Rules makes clear that an endorsement may be made by a union officer, but only in the officer's "individual capacity."[1]  The Election Officer in Moriarty, P1071 (November 15, 1991), found no violation when a letter contained endorsements from every member of the local union executive board, each board member's name and title, and a statement that "the members" of the board unanimously endorsed a certain slate. The Election Officer explained, "[T]he Rules do not prohibit the members of an Executive Board from identifying themselves as such when [endorsing] candidates; as long as the endorsement is not made as an official endorsement of the Executive Board as an entity, but as individual endorsements by the members of the Executive Board, the Rules are not violated."

We do not find a violation of the Rules. As an individual, General President Hoffa has the same right as any other member to campaign and to support candidates. Like the respondents in Moriarty, we find that he has supported the endorsed slate here solely in his individual capacity. We do not find, nor has it been alleged, that his endorsement purported to reflect the views of the IBT, the General Executive Board, or any institution.

Accordingly, we DENY the protest.

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 appeal, 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, 727 15th Street NW, Tenth Floor, Washington, DC 20005 (fax: 202-454-1501), all within the time prescribed above. A copy of the protest must accompany the request for hearing.

William A. Wertheimer, Jr.

William A. Wertheimer, Jr.

Election Administrator

cc: Kenneth Conboy

2001 EAD 295

DISTRIBUTION LIST VIA UPS NEXT DAY AIR:

Patrick Szymanski

IBT General Counsel

25 Louisiana Ave. NW

Washington, DC 20001

 

Bradley T. Raymond

Finkel, Whitefield, Selik,

Raymond, Ferrara & Feldman

32300 Northwestern Highway

Suite 200

Farmington Hills, MI 48334

 

J. Douglas Korney

Korney & Heldt

30700 Telegraph Road

Suite 1551

Bingham Farms, MI 48025

 

Barbara Harvey

Penobscot Building

Suite 1800

645 Griswold

Detroit, MI 48226

 

Betty Grdina

Yablonski, Both & Edelman

Suite 800

1140 Connecticut Ave. NW

Washington, D.C. 20036

 

Tom Leedham

c/o Stefan Ostrach

110 Mayfair

Eugene, OR 97404

 

IBT Local 313

220 S. 27th St.

Tacoma, WA 98402

 

John F. Anderson

P.O. Box 636

Tacoma, WA 98401

Christine Mrak

2357 Hobart Ave., SW

Seattle, WA 98116

[1]  A "campaign contribution" includes "[a]n endorsement or counter-endorsement by an individual, group of individuals, or entity."  Rules, Definitions, 5(f).