February 20, 1996
VIA UPS OVERNIGHT
Ruth K. Hamada, et al.
February 20, 1996
Page 1
Ruth K. Hamada
520 S. Main Street #1005
Seattle, WA 98104
Daniel G. McCoy
2309 N.E. 95th Street
Seattle, WA 98115
Richard C. Bibaud
10721 N.E. 138th Place
Kirkland, WA 98034
James L. Dahlbeck
17720 115th Street N.E.
Granite Falls, WA 98252
Ron Zier
1522 N.E. 175, #310
Seattle, WA 98155
Jon L. Rabine, Secretary-Treasurer
Teamsters Local Union 763
553 John Street
Seattle, WA 98109
Teamsters Joint Council 28
553 John Street
Seattle, WA 98109
Ruth K. Hamada, et al.
February 20, 1996
Page 1
Re: Election Office Case Nos. P-335-LU763-PNW
P-346-LU763-PNW
Gentlepersons:
Pre-election protests were filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election ("Rules") by Ruth K. Hamada and Daniel G. McCoy (P-335-LU763-PNW) and Richard C. Bibaud, James L. Dahlbeck and Ron Zier (P-346-LU763-PNW). The charged parties are Jon L. Rabine, president of Joint Council 28, secretary-treasurer of Local Union 763, and a candidate for delegate to the International convention and the joint council itself. Because the protests raise identical legal and factual claims, they were consolidated by the Election Officer.
Ruth K. Hamada, et al.
February 20, 1996
Page 1
The protesters allege that the January 1996 issue of the Washington Teamster, the official publication of the Joint council, provided "extensive and prominent coverage" to Mr. Rabine, as measured against "the past practice and custom" of the newspaper. This coverage, the protesters assert, constitutes support for Mr. Rabine's candidacy, in violation of Article VIII,
Section 8(a)(2), (4), and (6) and Section 11(c) of the Rules.
The charged parties respond that the coverage in the January issue related to Mr. Rabine's position as president of the Joint council, was appropriate given Mr. Rabine’s position, and reported on matters of interest to readers of the newspaper.
Local Union 763 held its nomination meeting for delegates on January 3, 1996.
Mr. Rabine was nominated to run for delegate on a slate of four candidates.
The protests were investigated by Regional Coordinator Christine Mrak.
The Joint council is composed of 20 local unions in Washington state. It publishes the Washington Teamster four times a year, in January, April, July and October, and distributes it to between 61,000 and 65,000 local union members throughout Washington state and northern Idaho. The newspaper generally runs about 20 pages in length.
Mr. Rabine became president of the joint council on July 1, 1995. Shortly afterwards, he announced two initiatives to strengthen the joint council: first, increase political activity by the Council; and second, promote greater cooperation between the council's local unions. To facilitate the second goal, Mr. Rabine established a number of trade divisions within the joint council, such as the Dairy Division mentioned in one of the articles objected to by the protesters in the January 1996 Washington Teamster.
The Washington Teamster has been edited by Bill McCarthy for the past 12 years.
Mr. McCarthy states that he has used a fairly consistent format throughout these years: the front page contains the most important news; pages two and three, with the headline "Teamster News," report on matters of concern to members throughout the joint council; pages four and five, titled "Teamsters in the Community," feature articles on involvement by members in community projects; pages six and seven contain columns of general interest, such as "Recent Legal Developments" and "Inside Washington Politics." The remainder of the paper consists of a column for each local union in the joint council, as well as information on Teamsters-sponsored programs such as credit unions and health clinics.
The protested coverage of Mr. Rabine in the January 1996 issue is found on pages two and three. A brief article on page two, with the headline "JC-28 President Jon Rabine stresses communications, political awareness" states that Mr. Rabine, in an effort to promote his goals for the joint council, since assuming office, has met with "nearly all JC-28's Local Unions' Executive Boards and has addressed their General Membership Meetings." Most of the page is taken up by seven pictures of these local union and executive board meetings, with Mr. Rabine featured in five of the photographs.
Ruth K. Hamada, et al.
February 20, 1996
Page 1
Page three is mostly taken up by an article titled "Teamsters rally to aid Broadview Dairy strikers" and eight accompanying photographs. The article describes a trip taken by officers of various local unions in the joint council and Mr. Rabine to Spokane, Washington on December 2, 1995 to support members of Local Union 582 who are on strike against Broadview Dairy.
Mr. Rabine is mentioned in one paragraph of the article for his assistance in supporting the strike.
Mr. Rabine is pictured in two of the eight photographs. One shows Mr. Rabine and
Mr. Kaiser presenting Mr. Solberg with checks from the joint council and Local Union 66 to assist with the strike; in the other, Mr. Rabine is pictured with a number of local union officers in front of a Spokane grocery store where they were distributing handbills in support of the striking workers.
In addition, at the bottom right-hand corner of page three, Mr. Rabine is seen in a photograph showing representatives from the joint council and the Port of Seattle meeting with the president of a major Russian free-trade union.
The January edition was printed on January 11, 1996 and mailed to members on
January 12 and January 15. The column for Local Union 763 contains a "Notice of Election" which informs members that an election by mail ballot will be held to select four delegates to the 1996 IBT Convention and sets forth the procedures to be followed for marking and returning the ballots. There is no mention in the local union's column or in the articles described above that Mr. Rabine is a candidate for delegate.
As the protesters assert that the coverage of Mr. Rabine in the January Washington Teamster was excessive in comparison to the past practice of the newspaper, the Election Officer examined the two issues published since Mr. Rabine became president of the joint council in July of 1995.
The first issue, published in July, has a photograph of Mr. Rabine and retiring Joint Council President Bob Pavolka on page one of the paper, as part of an article titled "Changing of the leadership at JC-28." The article, which reports at length on the joint council's semi-annual delegates meeting held on June 4, 1995, takes up most of the first and second pages. Mr. Rabine is quoted in several paragraphs on page two describing Mr. Pavolka's long career in the Teamsters union. A photograph on the second page shows Mr. Pavolka and the outgoing joint council executive board, including Mr. Rabine, who served as secretary-treasurer.
Mr. Rabine is found in one other photograph on page four of the newspaper, which shows U.S. Secretary of Labor Robert Reich speaking with union leaders at a recent meeting in Seattle.
The front page article in the October 1995 Washington Teamster reports on the joint council's semi-annual meeting held in September. While most of the article is devoted to the guest speakers at the meeting, the last paragraph describes Mr. Rabine's announcement of the new system of trade divisions with the joint council. Mr. Rabine is present in both photographs accompanying the article.
Ruth K. Hamada, et al.
February 20, 1996
Page 1
Mr. Rabine is next seen in a photograph on page two which accompanies a brief description of a "Political Action Breakfast" held during the September semi-annual meeting. The caption states that Mr. Rabine was one of the "four main speakers" at the breakfast.
Page three of the newspaper contains a quarter-page article titled "JC-28 President Rabine takes measures to strengthen inter-Local cooperation" with a photograph of Mr. Rabine. The article describes the trade division system initiated by Mr. Rabine, giving the name of each division and its director. The last two paragraphs of the article provide a brief history of
Mr. Rabine's involvement in the Teamsters union.
Article VIII, Section 8(a) of the Rules states that a union-financed publication or communication may not be "used to support or attack any candidate or the candidacy of any person." The protesters claim that the coverage of Mr. Rabine in the January 1996 edition has more photographs and more flattering photographs of Mr. Rabine than other editions and carries pictures and articles about Mr. Rabine’s participation in insignificant events.
An analysis into whether a union-financed publication or communication violated these provisions of the Rules must begin with a determination of whether or not the subject of the communication was a "candidate" at the time of publication. Ruscigno, P-067-LU20-EOH (July 19, 1995); Martin, et al., P-010-IBT-PNJ (August 17, 1995) et seq., aff'd, 95 - Elec. App. - 18 (KC) (October 2, 1995). As the charged party was nominated for the position of delegate on January 3, 1996, and the January issue of the Washington Teamster was mailed to its readers on January 12 and 15, there is no question that Mr. Rabine was a candidate at the time of publication.[1]
The Election Officer has consistently used the tone, timing and content test in determining when publications constitute campaigning. Martin, supra; Ruscigno, supra; Jacob, P-071-LU319-EOH (September 7, 1995), aff'd, 95 - Elec. App. - 19 (KC) (October 3, 1995). She also "reviews the specific context in which the communication takes place." Jacob, supra.
In Martin, supra, the Election Officer stated that a communication "will tend not to be considered campaigning when it concerns union business or an event of legitimate concern to union members, unrelated to the election." (Footnote omitted). Furthermore, the Election Officer held that material published about a candidate "is less likely to be considered campaigning if the person holds an official position with the union that merited coverage." (Footnote omitted).
Ruth K. Hamada, et al.
February 20, 1996
Page 1
When measured against these guidelines, the coverage of Mr. Rabine in the January 1996 edition of the Washington Teamster does not constitute campaigning. As stated above, there is no mention in any of the coverage that Mr. Rabine is a candidate for delegate. The article on page two, "JC-28 President Jon Rabine stresses communications, political awareness," describes Mr. Rabine's efforts to meet with all the local unions in the joint council in order to discuss the initiatives he has taken since becoming president of the joint council. The accompanying photographs, five of which feature Mr. Rabine, depict Mr. Rabine at various union meetings.
The Election Officer finds that this article is newsworthy and reported on events "of legitimate concern to union members, unrelated to the election." The accompanying photographs are also of interest to the members of the local unions shown therein and do not appear to be excessive given Mr. Rabine’s actual visits to the local unions.
The article on page three about the members of Local Union 582 who are on strike against Broadview Dairy describes a statement made by Mr. Rabine about the strike. He is pictured in two of the eight accompanying photographs. Mr. Rabine is also included in an unrelated photograph at the bottom of the page depicting a number of labor officials meeting with the head of a Russian free-trade union.
In Jacob, et al., P-068-LU243-EOH (July 26, 1995), the Election Officer recognized that an incumbent union officer "is often an important participant in many matters of interest to the membership and, therefore is more likely to have his participation in such matters" included in the local union's publications. Mr. Rabine is president of Joint Council 28. While these articles and photographs are not directly about Mr. Rabine, in his official capacity, he is legitimately mentioned.
The Election Officer finds that the page-three story and photographs are newsworthy and of interest to the members of the joint council.
Nor does the Election Officer find the coverage of Mr. Rabine to be excessive. In Martin, supra, the Election Officer expressed concern that "[o]therwise legitimate coverage of the activities of a union official running for office may constitute campaigning if it is excessive." (Footnote omitted). In the instant protests, however, the Election Officer finds that the coverage of Mr. Rabine in the January 1996 Washington Teamster was reasonable given Mr. Rabine's position in the joint council, the nature of the articles, and in light of the past practice of the newspaper.
For the foregoing reasons, the protests are 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:
Ruth K. Hamada, et al.
February 20, 1996
Page 1
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
Christine Mrak, Regional Coordinator
[1]By January 1996, Mr. Rabine had also announced his candidacy for International vice president.