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

IN RE: DENNIS KOSUTH,
Protest Decision 2001 EAD 503
Issued: October 12, 2001
OEA Case No. PR100912MW

Dennis Kosuth, a member of Local 705, 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"). Kosuth alleges that Local 705 principal officer Jerry Zero violated the Rules by sending a letter supporting IBT General President James P. Hoffa's reelection bid to all local union members on letterhead "designed to imitate and appear to be Local 705 letterhead."

Election Administrator representative Jason Weidenfeld investigated the protest.

Findings of Fact and Analysis

In early October 2001, Zero sent a letter to the Local 705 membership explaining why he and the other Local 705 executive board members are supporting Hoffa's candidacy. The letter contained the heading "A Message from Jerry Zero" in bold, large print and "Teamsters Local 705 Secretary-Treasurer" directly below in large print. Directly underneath the heading is a slogan sandwiched between two single lines, "Employ Union Labor - Invest in the Best." In the left margin at the top of the page is a logo very similar to the IBT's, but it states "Jerry Zero Committee for Teamster Reform: Fighting for Our Future" and contains no reference to the IBT or the AFL-CIO. Lower on the left-hand side are the names and titles of the Local 705 executive board members. Directly below this list is a parenthetical: "(Titles are for identification purposes only)". The bottom of the first page contains a disclaimer in small, but legible, print indicating that no union funds were expended on the mailing, which was "paid for entirely by the Committee."

The format of the letter and Local 705's ordinary letterhead are similar, though certainly not identical. First, both letterheads contain the slogan, "Employ Union Labor - Invest in the Best." Second, the letters have a similar-style logo near the top of the page. Third, both letters list Local 705 executive board members and their titles in the left margin. Fourth, each letterhead has a statement near the top sandwiched between two single lines.

The letterheads have many differences as well. First, Local 705 letterhead does not state that executive board members' titles have been provided solely for identification purposes. Second, local union letterhead does not state that no local union funds were used in printing or distributing correspondence. Third, the aforementioned slogan is located on the bottom of the regular letterhead but near the top of the campaign letter. Fourth, the local union's letterhead states, "Teamsters Local Union 705" in a large, italicized font and has information about the makeup of the local's membership, its affiliation with the AFL-CIO, and its address. Fifth, the local union letterhead's header and footer fonts differ from the fonts in Zero's message. Sixth, the local union letterhead has a large, visible IBT logo in the background in the middle of the page; Zero's letter contains no such marking. Seventh, the logo on Local 705's letterhead states "International Brotherhood of Teamsters" and "AFL-CIO" and contains no reference to the Jerry Zero Committee for Teamster Reform.

Based on the numerous significant differences between Local 705's letterhead and the letterhead used in Zero's message, including the disclaimers in his message, we find that a reasonable Local 705 member would not mistake the stationery used in Zero's message for Local 705's stationery.

We easily distinguish this case from our decisions involving the use of stationery in a manner that implies official union endorsement. For example, in Dzilenski, 01 EAM 90 (September 28, 2001), affirming Dzilenski, 2001 EAD 462 (September 20, 2001), the Election Appeals Master held that "precedent and logic" supported our finding that a Hoffa campaign-funded flyer "without any indication of its political origin or sponsorship" violated the Rules by "trad[ing] on the prestige of the International Brotherhood of Teamsters." Similarly, in Thompson, 2001 EAD 430 (August 24, 2001), we held that an IBT International officer candidate could not endorse himself in a self-funded steward publication that ordinarily concerns official union business because the self-endorsement created the impression that the candidate was acting in his official union capacity.

Zero's letter creates no such misimpressions. Unlike in Dzilenski, supra, Zero's message is obviously political. Furthermore, as described in detail above, the letterhead of the campaign letter is plainly distinguishable from Local 705's regular letterhead. Zero's campaign message also informs the membership that no local union funds were used in the letter's production and distribution. Moreover, the letter indicates that the executive board members' titles are provided for identification purposes only. Given these facts, we find that Zero's letter does not create the impression that it is an official Local 705 correspondence.

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 (facsimile: 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 503

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

3060 Penobscot Building

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 Lane

Eugene, OR 97404

Todd Thompson

209 Pennsylvania Ave., SE

Washington, DC 20003

Dennis Kosuth

3154 S. Aberdeen St.

Garden Apartment

Chicago, IL 60608

 

Dennis Kosuth

3254 S. Aberdeen St.

Chicago, IL 60608

IBT Local 705

1645 W. Jackson Blvd.

Chicago, IL 60612

Gerald Zero

IBT Local 705

1645 W. Jackson Blvd.

Chicago, IL 60612

James L. Hicks, Jr., P.C.

Suite 1100

2777 N. Stemmons Freeway

Dallas, TX 75207