January 31, 1996
VIA UPS OVERNIGHT
Jo Pressler
Teamsters Local Union 705
1645 W. Jackson Boulevard
Chicago, IL 60612
Dane Passo
6811 W. Roosevelt Road
Berwyn, IL 60402
Re: Election Office Case No. P-333-LU705-SCE
Gentlepersons:
Jo Pressler, Local Union 705 Administrator, filed a protest pursuant to Article XIV, Section 2(b) of the Rules for the IBT 1995-1996 International Union Delegate and Officer Election (“Rules”). The protester alleges that the “Hoffa/Hogan Delegate Slate” has used Local Union 705 stationary for a campaign flyer.
Dane Passo, Campaign Coordinator for the Hoffa/Hogan campaign, states that he was unaware of the flyer prior to this protest, and that the flyer was not authorized by the campaign.
The protest was investigated by Regional Coordinator Bruce Boyens.
Local Union 705 Member Michael Oldenburger admits distributing the protested flyer to Local Union 705 members working at the South Center terminal of United Parcel Service in Bedford Park, Illinois on January 17 and 18, 1996. He states that he acted alone in creating and distributing the flyer, and did not obtain any kind of approval or authorization of the flyer from the Hoffa/Hogan campaign.
Jo Pressler
January 31, 1996
Page 1
The flyer is not directly related to the delegate or International officer elections. Instead, it urges members to come to a January 21, 1996 meeting of Local Union 705 to support a motion supporting the election of shop stewards. Approximately the top third of the flyer is a copy of a notice to members of Teamsters Local 705 from Local Union 705 Trustee Gerald Zero endorsing the election of shop stewards. The only reference to elections regulated under the Rules is at the bottom of the flyer where it is stated in large letters, “Hoffa/Hogan Delegate Slate.”
Article XII, Section 1(b)(3) of the Rules provides:
No Union funds or other things of value shall be used, directly or indirectly, to promote the candidacy of any individual. Union funds, facilities, equipment, stationery, personnel, etc., may not be used to assist in campaigns unless the Union is compensated at fair market value for such assistance, and unless all candidates are provided equal access to such assistance and are advised in advance, in writing of the availability of such assistance. The use of the Union’s official stationery with the Union’s name, insignia or other mark identifying the Union is prohibited irrespective of compensation or access. Other use of the Union’s name, insignia or mark by Union members, in connection with the exercise of rights under the Rules, is permitted.
The flyer does not constitute a use of the Local Union 705 letterhead for campaign purposes. Instead, the Local Union 705 letterhead is used because a notice from the local union is duplicated on the flyer to show that the local union is endorsing a change from appointing to electing shop stewards. The flyer cannot reasonably be understood to communicate the support of Local Union 705 for the “Hoffa/Hogan Delegate Slate.”
The flyer does not violate the Rules. Accordingly, 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:
Kenneth Conboy, Esq.
Latham & Watkins
885 Third Avenue, Suite 1000
New York, NY 10022
Fax (212) 751-4864
Jo Pressler
January 31, 1996
Page 1
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
Bruce Boyens, Regional Coordinator
Julie Hamos, Regional Coordinator