IN RE: ANTHONY SMITH, Protestor
Protest Decision 2010 ESD 48
Issued: November 30, 2010
OES Case No. P-050-110810-FW
Anthony Smith, member of Local Union 572, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2010-2011 IBT International Union Delegate and Officer Election ("Rules"). The protest alleged that a Teamster official violated the Rules by endorsing James Hoffa during a union meeting.
Election Supervisor representative Michael Miller investigated this protest.
Findings of Fact
Protestor Smith is a member of Local Union 572; he formerly belonged to GCC 404M, which Local Union 572 has absorbed. The local union held its annual meeting at its Monrovia, California hall on November 7, 2010. The letter announcing the meeting encouraged members to attend, viz.
We have put together a very informative agenda to educate our GCC members about Teamsters Local 572 and the many changes that have been sweeping through our industry and nation, and how these changes affect our pension and our health and welfare plans. Representatives from the plans are scheduled to attend and will update members and answer questions.
Some 47 members and 11 retirees attended the meeting, which ran more than 2 hours. John Agenbroad spoke to those assembled twice during the meeting, first as a trustee of the National Pension Fund and again as chair of the Inter-Local Pension Fund. In each segment, Agenbroad outlined the management of the fund, the investment portfolio, and the recent subscription of a newly organized unit of some 35,000 school bus drivers who will now be contributing to the Inter-Local Fund. His talk emphasized that the Teamsters Union was dedicated to keeping the funds healthy and viable. Following his initial remarks, Agenbroad took questions from the audience. Answering a question from a former GCC member, Agenbroad said that GCC's merger into the IBT was a good sign for the future of the funds and former GCC members' pensions, explaining that the Hoffa administration had "blessed" the funds with its support and the bus drivers' organizing drive was proof of the administration's commitment to the funds. He also praised employers for working with the union to keep the funds healthy. When asked how the pension funds can be saved, Agenbroad replied, "By doing exactly what the IBT is doing," subscribing new members and maintaining strict financial oversight to insure long-term solvency.
Protestor Smith alleged that Agenbroad elaborated on this point, stating, "We're lucky to have Hoffa in there. He represents the face of the labor movement." Smith told our investigator that he could not recall the context of Agenbroad's statements but believed they stood out, were inappropriate, and constituted Agenbroad's endorsement of Hoffa's candidacy for re-election as General President. Smith conceded, however, that no mention was made of the election of International officers or of delegates to the International convention. Further, Smith agreed that no campaigning, leafleting, or circulation of accreditation petitions took place at, before or after the meeting, whether inside or outside the hall.
Agenbroad denied making the statements that Smith attributed to him. He acknowledged stating that the Hoffa administration was committed to the health of the pension funds but did not recall stating anything further about Hoffa.
Rick Middleton, principal officer of Local Union 572, was present on the dais when Agenbroad spoke. He stated that Agenbroad confined his remarks to pension fund health and management, and that he emphasized the substantial benefit that members could expect under the plan. Middleton stated that Agenbroad mentioned Hoffa only in the context of the IBT's support for the plan but stated that Agenbroad did not refer to the election or otherwise suggest that Hoffa be continued in office.
Doug Brown, local union business agent and former principal officer of GCC 404M, told our investigator that he asked Agenbroad to speak at the meeting to address concerns of former GCC members about their pensions. He stated that Agenbroad's reference to Hoffa was in the context of the administration's commitment to the pension plan and not as candidate Hoffa seeking reelection.
Robert Lee and Glenn Sarpy, two witnesses identified by the protestor, each independently denied to our investigator that Agenbroad made the statements that Smith attributed to him. Both Lee and Sarpy recalled that Agenbroad spoke only about the health of the pension fund - its management, accounting oversight, and future - and that there were no political overtones to his remarks. When each was asked directly whether he recalled Agenbroad stating that the Teamsters "were lucky to have Hoffa in there" and "Hoffa represents the face of the labor movement," each said those statements were not made. Two additional witnesses identified by the protestor did not respond to our investigator's telephone calls.
Analysis
In the absence of advance written notice to all candidates, Article VII, Section 5(a) prohibits campaigning at union meetings. Contrary to the protestor's allegation, we find that Agenbroad did not violate this provision because he did not campaign at the local union meeting held November 7. Agenbroad's remarks concerned the health and long-term viability of two pension funds. At best, he gave credit to union leadership - the Hoffa administration - for work done in support of a union goal - stable pension funding - and he did so without reference to pending elections or candidacies.
Regarding the statements at the core of the protest, we find that Agenbroad did not state that "We're lucky to have Hoffa in there. He represents the face of the labor movement," or words of similar import. Among all the witnesses, only the protestor reports hearing these words. Even the protestor's two identified corroborators testified that the statements were not made. Considering all the witness accounts of the meeting, we find that Hoffa or the Hoffa administration was mentioned only in the context of their commitment to the health of the pension funds.
The remarks that Agenbroad made about pension fund performance are not campaign advocacy. We therefore DENY this 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 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
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 the parties, as well as upon the Election Supervisor for the International Brotherhood of Teamsters, 1801 K Street, N.W., Suite421 L, Washington, D.C. 20006, all within the time prescribed above. A copy of the protest must accompany the request for hearing.
Richard W. Mark
Election Supervisor
cc: Kenneth Conboy
2010 ESD 47
DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington,D.C. 20001
braymond@teamster.org
David J. Hoffa
Hoffa Keegel 2011
1100 Connecticut Avenue, N.W., Ste. 730
Washington D.C. 20036
hoffadav@hotmail.com
Ken Paff
Teamsters for a Democratic Union
P.O. Box 10128
Detroit, MI 48210-0128
ken@tdu.org
Barbara Harvey
1394 E. Jefferson Avenue
Detroit, MI 48207
blmharvey@sbcglobal.net
Fred Gegare
P.O. Box 9663
Green Bay, WI 54308-9663
kirchmanb@yahoo.com
Scott D. Soldon
Previant Goldberg
155 North River Center Drive, Ste. 202
P.O. Box 12993
Milwaukee, WI 53212
sds@previant.com
Fred Zuckerman, President
Teamsters Local Union 89
3813 Taylor Blvd.
Louisville, KY 40215
fredzuckerman@aol.com
Robert M. Colone, Esq.
P.O. Box 272
Sellersburg, IN 47172-0272
rmcolone@hotmail.com
Carl Biers
Box 424, 315 Flatbush Avenue
Brooklyn, NY 11217
info@SandyPope2011.org
Julian Gonzalez
Lewis, Clifton & Nikolaidis, P.C.
350 Seventh Avenue, Suite 1800
New York, NY 10001-5013
jgonzalez@lcnlaw.com
Anthony Smith
1126 W. Calle De La Luna #3
Azusa , Calif. 91702
anthonysmith@mail.org
John Agenbroad, President
IBT/GCC Local Union M508
2351 W. McMicken Ave.
Cincinnati, OH 45214-1876
dc3billie@cinci.rr.com
Christine Mrak
2357 Hobart Avenue, SW
Seattle, WA 98116
chrismrak@gmail.com
Michael J. Miller
1611 Granville Ave., #8
Los Angeles, CA 90025
miller.michael.j@verizon.net
Kathryn Naylor
Office of the Election Supervisor
1801 K Street, N.W.
Washington, D.C. 20006
knaylor@ibtvote.org
Jeffrey Ellison
214 S. Main Street, Ste. 210
Ann Arbor, MI 48104
EllisonEsq@aol.com