January 31, 1996
VIA UPS OVERNIGHT
Ron Owens
January 31, 1996
Page 1
Ron Owens, President
Teamsters Local Union 299
2741 Trumbull Avenue
Detroit, MI 48216
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Nathaniel K. Charny
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
Ron Owens
January 31, 1996
Page 1
Re: Election Office Case No. P-289-LU299-MGN
Gentlemen:
A protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the IBT 1995-1996 International Union Delegate and Officer Election (“Rules”) by Ron Owens, president of Local Union 299, against James P. Hoffa, a candidate for general president.
Mr. Owens charges that Mr. Hoffa used a “union-financed mailing list and label printer” to campaign when he sent out Christmas cards. Mr. Owens states that such use violates Article VIII, Section 11(c) of the Rules. In response, Mr. Hoffa denies using union resources to obtain the mailing list and to mail the Christmas cards. He states that the mailing information was obtained from three sources--the Election Officer, a vendor retained by
Mr. Hoffa to provide a list of local union addresses and his own personal database. In addition, Mr. Hoffa states that the vendor’s services were paid for from a Hoffa ‘96 campaign account.
This protest was investigated by Regional Coordinator Bill Wertheimer.
Ron Owens
January 31, 1996
Page 1
Article VIII, Section 11(c) generally prohibits the use of union resources for campaign purposes. Article VIII, Section 3(a) provides, however:
The International Union shall prepare a membership list current as of August 31, 1995, and shall transfer that list to the Election Officer on or before September 10, 1995 . . . The Election Officer is authorized to release a copy of the appropriate membership list to an accredited or nominated candidate for International Office forty-five (45) days before the date for mailing of ballots for an election for Convention delegates and/or alternate delegates or for the election of International Officers. No membership list may be used for any purpose other than advancing the accredited or nominated candidate’s campaign for nomination and/or election. Use of a membership list in support of the election of delegate and/or alternate delegate candidates shall not constitute misuse of the list, provided that the list is used solely to advance the accredited or nominated candidate’s campaign for nomination and/or election.
Mr. Hoffa properly requested and received a copy of the membership list. The list contains information concerning members, including their name and address, employer number and employer code. The list also includes the code assigned to each member. There is a specific status code many local unions utilize to designate a member who is a steward. This code would reflect whether the member is a steward.
The basis of Mr. Owens’ protest is a resemblance between the “union mailing list and label” used by Mr. Hoffa for his mailing and those used by an unspecified union. Copies of the cards and mailing labels received by Mr. Owens and another IBT member were presented to the Election Officer. The Election Officer’s investigation confirmed that Mr. Hoffa conducted a 5,000-piece mailing of Christmas cards reflecting a seasonal but also political message. The cards were sent to three groups. First, it went to stewards at Local Unions 728, 299 and 337. Mr. Hoffa was able to identify this group by using the membership list provided to him as an accredited candidate by the Election Officer. Second, the cards were sent to each IBT local union. This group was identified through the use of a list provided by American Mailers, a Detroit-based mailhouse commonly used by unions and affiliated organizations to reach union members. American Mailers administered the mailing and was assisted by Applied Political Technologies, a second vendor. The third group was targeted through a personal list compiled by Mr. Hoffa. Individuals contacted via this list received either a single card or batches of cards to address and distribute.
Copies of an invoice and canceled check, provided to the Election Officer by
Mr. Hoffa, substantiate Mr. Hoffa’s account that no union resources were used to pay for the lists or the labels. The invoice contains descriptions of the services provided, which included postage. The Election Officer is satisfied that neither the mailing lists nor labels were impermissibly obtained.
Ron Owens
January 31, 1996
Page 1
In consideration of the foregoing, Mr. Owens’ 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:
Kenneth Conboy, Esq.
Latham & 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
William A. Wertheimer, Jr., Regional Coordinator