November 15, 1995
VIA UPS OVERNIGHT
Jay Schneider
November 15, 1995
Page 1
Jay Schneider, Vice President
Teamsters Local Union 228
4600 47th Avenue, Suite 205
Sacramento, CA 95824
Jimmy D. Hammack, President
Joint Council 38
1230 13th Street, Suite D
Modesto, CA 95354
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Nathaniel K. Charny
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
John C. Provost
Beeson, Taylor & Bodine
1001 6th Street, Suite 500
Sacramento, CA 95814
Jay Schneider
November 15, 1995
Page 1
Re: Election Office Case No. P-216-JC38-CCV
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by
Jay Schneider, Local Union 228 vice president. The protester alleges that Joint Council 38 permitted campaigning on behalf of James P. Hoffa, candidate for IBT general president, at a golf tournament it sponsored. The protester asserts that campaign materials on behalf of
Mr. Hoffa were sold at the tournament, and one guest was introduced there as a “Real Teamster,” thereby promoting the Real Teamster Caucus, an organization which allegedly supports Mr. Hoffa and opposes Ron Carey for general president.
Jay Schneider
November 15, 1995
Page 1
Joint Council 38 President Jimmy Hannack responds that the protest should be denied because it was untimely. On the merits, Mr. Hannack denies that Joint Council 38 sponsored the tournament. He contends that the tournament was sponsored by a charity entirely separate from the joint council. Mr. Hannack concedes that Robert Kirkpatrick, a Hoffa supporter, set up a booth at the tournament where he sold campaign materials on behalf of Mr. Hoffa. However, the joint council president disclaims any relationship between Mr. Kirkpatrick and the joint council. Additionally, Mr. Hannack contends that Mr. Kirkpatrick had the same right to be at the tournament as anyone else. The joint council acknowledges that several guests were introduced to the tournament as “real Teamsters,” but denies the reference was campaigning.
The protest was investigated by Regional Coordinator Donald E. Twohey.
The protest was filed on October 27, 1995. The protester did not attend the golf tournament, which took place on October 20, 1995. He asserts that he first heard on
October 24, 1995 that Hoffa materials were distributed at the tournament and that guests were introduced as “Real Teamsters” at the banquet.
Article XIV, Section 2(b) of the Rules requires that a protest be filed “within two (2) working days of the day when the protester becomes aware or reasonably should have become aware of the action protested . . .” The requirement to promptly file protests is an important part of the election process. The short time limit was designed to ensure that alleged violations of the Rules would be quickly brought to the attention of the Election Officer in order to afford the greatest opportunity for applying an effective remedy in the event a violation is found.
This protest was filed one day after the expiration of the time limit required by the Rules. At this early point in the election process, the Election Officer does not find that this delay should bar review of the merits of the protest in order to educate the members concerning the breadth of protections afforded under the Rules.
The Teamsters Joint Council No. 38 All[-]Charities Fund (“the Fund”) is a non-profit, unincorporated association formed March 1, 1994 to solicit funds from the general public, which are donated to tax-exempt charitable organizations “for the poor and distressed or the underprivileged, except those funds necessary for the administration of the organization’s operations.”
The Fund’s board of directors is appointed and serves at the pleasure of the Joint Council 38 Executive Board. The current board of directors of the Fund consists of seven officers of local unions included within Joint Council 38.
The Fund’s first fundraising event was the Annual All[-]Charities Golf Tournament (“Golf Tournament”) held at the Rancho Murietta Country Club on October 20, 1995. Service providers such as insurance agencies and health maintenance organizations donated money to the Fund, which was used to defray the costs of the event. The proceeds from the tournament are to be donated to charitable organizations. Neither the Fund nor the Golf Tournament has received funding from Joint Council 38.
Article VIII, Section 11(a) of the Rules secures for members the freedom to fully exercise political rights:
Jay Schneider
November 15, 1995
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All Union members retain the right to participate in campaign activities, including the right to run for office, to support or oppose any candidate, to aid or campaign for any candidate, and to make personal campaign contributions. This includes, but is not limited to, the right to distribute campaign literature and to otherwise solicit support for a member’s candidacy outside a meeting hall before, during and after a Union meeting, regardless of Union policy, rule or practice.
The Rules do not restrict campaigning unless it is funded by contributions forbidden by the Rules. The protester alleges that Joint Council 38 funds were used to finance campaign activity. Article XII, Section 1(b)(1) bars a “labor organization, including . . . subordinate Union bodies” from contributing “directly or indirectly, anything of value where the purpose, object or foreseeable effect of that contribution is to influence, positively or negatively, the election of a candidate [for the 1996 International Convention].” Additionally, Article VIII, Section 11(c) prohibits the use of union funds, facilities and equipment to assist in campaigning unless the union is reimbursed at fair-market value and equal access to such assistance is provided to all candidates.
The protester argues that the Golf Tournament was similar to the International Teamster Women’s Caucus (“Caucus”) Convention in Pope, et al., P-046-JC7-PNJ, et seq. (October 13, 1995), aff’d, 95 - Elec. App. - 35 (KC) (November 14, 1995), where the Election Officer held that the Caucus, an organization supported by contributions from local unions and members, impermissibly permitted campaigning at its convention, and the Stewards’ Banquet in Hoffa, P-133-IBT-CHI, et seq. (October 12, 1995), aff’d, 95 - Elec. App. - 28 (KC) (October 26, 1995) in which a violation of the Rules was found where Local Union 743 permitted campaigning during speeches at a banquet held by the local union to show its appreciation for its stewards. These cases are distinguishable from the facts here. The Golf Tournament was fully funded by the Fund. There is no evidence, therefore, that Joint Council 38 contributed anything of value, directly or indirectly, to the Golf Tournament. Therefore, even if the Election Officer were to find that campaigning took place at the event, Joint Council 38 has not violated the Rules.
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:
Jay Schneider
November 15, 1995
Page 1
Kenneth Conboy, Esq.
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
cc: Kenneth Conboy, Election Appeals Master
Donald E. Twohey, Regional Coordinator