November 7, 1995
VIA UPS OVERNIGHT
Gene Giacumbo & Mike Martin
November 7, 1995
Gene Giacumbo, Vice President
International Brotherhood of Teamsters
15 Village Road
Sea Bright, NJ 07760
Mike Martin
1371 Duncan
Ypsilanti, MI 48198
Ron Carey, General President
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Carroll E. Haynes, President
Teamsters Local Union 237
216 W. 14th Street
New York, NY 10011
C. Sam Theodus, Vice President
International Brotherhood of Teamsters
3150 Chester Avenue
Cleveland, OH 44114
John Sullivan, Associate General Counsel International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
Philip E. Young, President
Teamsters Local Union 41
4501 Van Brunt Boulevard
Kansas City, MO 64130
Frank J. Wsol, Secretary-Treasurer
Teamsters Local Union 710
4217 S. Halsted Street
Chicago, IL 60609
William T. Hogan, Jr., Secretary-Treasurer
Teamsters Local Union 714
6815 W. Roosevelt Road
Berwyn, IL 60402
Tom Sever, General Secretary-Treasurer
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
Jim Benson, Vice President
International Brotherhood of Teamsters
4444 W. Northern Avenue, Suite A-2
Glendale, AZ 85301
Diana Kilmury, Vice President
International Brotherhood of Teamsters
2612 E. 47th Avenue
Vancouver, BC, Canada V5S 1C1
Gene Giacumbo & Mike Martin
November 7, 1995
John Riojas, Vice President
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
Richard W. Nelson, President
Teamsters Local Union 886
3528 W. Reno
Oklahoma City, OK 73125
Jack D. Cox, Secretary-Treasurer
Teamsters Local Union 572
450 Carson Plaza Drive
Carson, CA 90746
Eddie Kornegay, Trustee
Teamsters Local Union 743
300 S. Ashland Avenue
Chicago, IL 60607
Sergio Lopez, Secretary-Treasurer
Teamsters Local Union 912
163 W. Lake Avenue
Watsonville, CA 95076
Joseph Padellaro, President
Teamsters Local Union 686
567 Chickering Road
North Andover, MA 01845
John P. Morris, Vice President
International Brotherhood of Teamsters
2833 Cottman Avenue
Philadelphia, PA 19149
Tom Gilmartin, Jr., Vice President
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
George W. Cashman, President
Teamsters Local Union 25
544 Main Street
Boston, MA 02129
William F. Urman, Secretary-Treasurer
Teamsters Local Union 792
3001 University Avenue, S.E.
Minneapolis, MN 55414
Dennis Skelton, Vice President
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
Lorelei Anderson
Teamsters Local Union 705
1645 W. Jackson Boulevard
Chicago, IL 60612
Rondal C. Owens, President
Teamsters Local Union 299
2741 Trumbull Avenue
Detroit, MI 48216
Lon E. Fields, Sr., President
Teamsters Local Union 89
3813 Taylor Boulevard
Louisville, KY 40215
Ken Mee, Vice President
International Brotherhood of Teamsters
1452 N. 4th Street
San Jose, CA 95112
Thomas W. Leedham, Secretary-Treasurer
Teamsters Local Union 206
1860 N.E. 162nd Avenue
Portland, OR 97230
Ed J. Mireles, Secretary-Treasurer
Teamsters Local Union 952
140 S. Marks Way
Orange, CA 92668
Aaron Belk, Vice President
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
Gene Giacumbo & Mike Martin
November 7, 1995
Doug Mims, Vice President
International Brotherhood of Teamsters
510 Plaza Drive, Suite 2280
Atlanta, GA 30349
Louis Lacroix, Vice President
International Brotherhood of Teamsters
2540 Daniel Johnson, Suite 804
Laval, Quebec, Canada H7T 2S3
Charles Thibault, Vice President
International Brotherhood of Teamsters
1194 Matheson Boulevard, E.
Mississauga, Ontario, Canada L4W 1Y2
Susan Davis
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
George Geller
30833 N.W. Highway #200
Farmington Hills, MI 48334
Gene Giacumbo & Mike Martin
November 7, 1995
Re: Election Office Case Nos. P-001-IBT-PNJ
P-018-IBT-PNJ
SUPPLEMENTAL DECISION
Gentlepersons:
On September 29,1995, the Election Officer issued a decision in the above-captioned protests pursuant to the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”). The Election Officer granted the protest and concluded that Questions 5 and 10(a)-(d) in a December 1994 poll conducted by the IBT violated Article XII, Section 1(b) of the Rules.
As a remedy, the Election Officer ordered as follows:
Gene Giacumbo & Mike Martin
November 7, 1995
It is therefore the Election Officer’s determination that as a remedy for the violation found, the Carey campaign shall reimburse the International Union for the costs of the survey as they relate to Questions 5 and 10(a)-(d) and to the questions that provided the data with which the above-described questions were cross-tabulated in the survey results provided to the IBT. To determine that cost, the International Union shall, within two (2) days of receipt of this decision and order, request from Hart Research a bill representing what that company would have charged the Carey campaign to conduct this poll among the same number of members, asking only Questions 5 and 10(a)-(d), and the questions that provided the data with the above-named questions was cross-tabulated in the survey results provided to the IBT. Any cost incurred by the International Union for obtaining this bill from Hart Research shall be borne by the Carey campaign. Within fourteen (14) days of receipt of this decision and order, the International Union shall provide a copy of the bill from Hart Research to the Carey campaign and the Election Officer. Thereafter, the Election Officer shall issue a Supplemental Decision determining the amount that the Carey campaign will reimburse the International Union for its campaign contribution.
The Election Officer has received the invoice (attached hereto as Appendix A), as directed by the Election Officer, obtained by the International Union from Geoffrey Garin of Hart Research. The invoice, which is in the form of a statement from Mr. Garin, reads, in pertinent part, as follows:
The entire December 1994 Survey, Study No. 4312A, cost the IBT $41,720. To conduct a survey of 1,000 IBT members and ask them Questions 5, 10(a) - (d) and the demographic questions would cost $10,000 or almost a quarter of the cost of the entire survey. The cost of conducting such a survey is so disproportionate because polling is priced per interview, and the bulk of the cost is in setting up the poll and in the initial connection of the interviewee. Although the price of longer interviews is somewhat higher, the cost added by each additional question is marginal.
The Election Officer has reviewed the statement from Hart Research and concludes that $10,000 fairly represents what Hart Research would have charged the Carey campaign to conduct this poll among the same number of members, asking only Questions 5 and 10(a)-(d), and the questions that provided the data with which these questions were cross-tabulated.
On November 1, 1995, the Election Appeals Master in 95 - Elec. App. - 32 (KC) issued a decision affirming the decision of the Election Officer but modifying the remedy. In addition to the Carey campaign’s reimbursement of the above-mentioned funds to the IBT, the Election Appeals Master instructed Mr. Carey “to make available to other candidates the survey responses to questions 5 (relating solely to responses regarding Mr. Carey), 10a, 10b, 10c and 10d.”[1] The Election Appeals Master also directed that prior to such disclosure, Mr. Carey shall submit the information to the Election Officer “who will ensure that confidential information unrelated to Mr. Carey is not contained in the disclosure.”
The IBT has submitted to the Election Officer the survey responses for Questions 5 as it relates to Mr. Carey and Questions 10(a)-(d) with the exclusion of confidential information for her review. The Election Officer has reviewed the information and finds that the IBT has demonstrated that the survey results as submitted comply with the directive of the Election Appeals Master.
The Carey campaign is therefore directed within thirty (30) days after issuance of this decision to reimburse $10,000 to the IBT. Within two (2) days of such reimbursement, the Carey campaign will submit an affidavit to the Election Officer demonstrating compliance with this order within the 30-day time frame.
Mr. Carey shall immediately provide the data from Question 5, as it relates to
Mr. Carey, and Questions 10(a)-(d)--in the form submitted to and approved by the Election Officer--to Mr. Hoffa, Mr. Theodus, Mr. Carey, Mr. Young, Mr. Wsol, Mr. Hogan,
Mr. Giacumbo, Mr. Sever, Mr. Benson, Ms. Kilmury, Mr. Riojas, Mr. Nelson, Mr. Cox, Mr. Kornegay, Mr. Lopez, Mr. Padellaro, Mr. Morris, Mr. Gilmartin, Mr. Cashman,
Mr. Urman, Mr. Skelton, Ms. Anderson, Mr. Owens, Mr. Fields, Mr. Mee, Mr. Leedham, Mr. Mireles, Mr. Belk, Mr. Mims, Mr. Lacroix and Mr. Thibault. All costs associated with transmission of this information shall be borne by the Carey campaign. Within two (2) days of having provided the information as set forth in this paragraph, Mr. Carey shall submit an affidavit to the Election Officer demonstrating compliance with this paragraph of the decision and order.
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, Esquire
Latham and 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 North Capitol Street, Suite 855, Washington, D.C. 20001, Facsimile (202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Barbara Zack Quindel
Election Officer
Attachment
cc: Kenneth Conboy, Election Appeals Master
Regional Coordinators
NOTICE TO CANDIDATES FOR INTERNATIONAL OFFICE
The Election Officer has determined that I violated the Rules for the 1995-1996 International Union Delegate and Officer Election by using IBT funds to finance questions in a poll of members which sought information about Ron Carey, a candidate for International office. The Election Appeals Master determined that the IBT should make available to candidates for International office survey responses, in the form approved by the Election Officer, to Question 5 (as it relates to Ron Carey) and Questions 10(a)-(d). In her supplemental decision, the Election Officer has directed that each candidate for International office, upon your written request, receive a copy of the data from the poll, in the form approved by the Election Officer, to Question 5 (as it relates to Ron Carey) and Questions 10(a)-(d) resulting from Questions 10-12. Please advise the undersigned within fourteen (14) days of receipt of this Notice if you desire to receive a copy of such information.
___________________________________
Ron Carey
General President, IBT
[1]The Election Appeals Master did not direct that all cross-tabulated information be made available. Thus, he agreed with the Election Officer that survey results concerning the members’ views of their wages, benefits, local union and party affiliation should properly remain confi-dential.