April 4, 1996
VIA UPS OVERNIGHT
Ron Carey, General President
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
Jerry Ranita
P.O. Box 135, Cart Road
Dover Plains, NY 12522
VIA FACSIMILE
Jerry Ranita
March 26, 1996
Page 1
Thomas R. O’Donnell, President
Teamsters Local Union 817
1 Hollow Lane
Lake Success, NY 11042
Fax (516) 365-2609
Anthony Rumore, President
Teamsters Joint Council 16
265 W. 14th Street, Room 1201
New York, NY 10011
Fax (212) 691-7074
Robert Baptiste
Baptiste and Wilder
1150 Connecticut Avenue, N.W.
Suite 500
Washington, DC 20036
Fax (202) 223-9677
Susan Davis
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
Jerry Ranita
March 26, 1996
Page 1
Re: Election Office Case No. P-383-LU804-NYC
(DECISION ON REMAND)
CORRECTED
Gentlepersons:
This matter comes before the Election Officer on a remand from the Election Appeals Master, In Re: Ranita, 96 - Elec. App. - 130 (KC) (March 20, 1996). This protest was initially filed pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election ("Rules") by Jerry Ranita, business agent for Local Union 804. Mr. Ranita alleged that Thomas O'Donnell, president of Local Union 817, campaigned improperly while making a short speech at a strike rally. The rally supported members of Local Union 584 on strike at the Farmland Dairy Company in Wallington, New Jersey on January 31, 1996. Mr. O'Donnell was one of a number of officials from local unions within Joint Council 16, who attended at the joint council's request and addressed the crowd.
Jerry Ranita
March 26, 1996
Page 1
Mr. Ranita alleged that Mr. O'Donnell made an off-color remark against IBT General President Ron Carey and then, as Mr. O'Donnell was getting down, that he stood up again and said, "Vote for the Hoffa ticket." The Election Officer found that Mr. O'Donnell's first remark was directed against the owner of the dairy, not Mr. Carey, and therefore did not constitute campaigning. Mr. O'Donnell's second remark was admitted campaigning, but the Election Officer found no violation of the Rules. The Election Officer decided that the remark fell within the "incidental to regular Union business" exception to Article VIII, Section 11(b)'s ban on campaigning by local union officers and employees on union time.
The Election Appeals Master reversed the finding that Mr. O'Donnell's statement supporting the Hoffa slate was incidental to his regular union business, and remanded for the imposition of an appropriate remedy. Citing his decision in In Re: Hoffa, et al., 95 - Elec.
App. - 28 (KC) (October 26, 1995), the Election Appeals Master stated that "no campaign speeches, scripted or spontaneous, tacked on to the end of an otherwise legitimate business speech communicated to an assemblage of rank and file members are permissible." In campaign speech cases, the subjective evaluation of "such matters as substance, placement and relative length" of disputed remarks should bear only on the issue of remedy.
In fashioning the appropriate remedy on this remand, the Election Officer reviewed these factors and their potential for interfering with the election process. In this matter, Mr. O'Donnell made a campaign statement on union time, supporting the candidacy of James Hoffa for general president. While the remark was short, it was also blatant. The forum was a rally to support striking members from Local Union 584, but attending members may have come from throughout Joint Council 16. Mr. O'Donnell himself attended in response to a call for support from the joint council's president. In these circumstances, the Election Officer finds that an appropriate remedy must enable the Carey campaign to reach members within Joint Council 16 with a short campaign statement.
Within five (5) business days of this decision, Mr. Carey may submit a statement of not more than 50 words, which Joint Council 16 shall publish in its next regular newsletter.
Mr. Carey's statement shall be printed in a text box no smaller than 2 inches by 3 inches, on the front page of the newsletter.[1] Preceding and above the statement by Mr. Carey, outside the text box, Joint Council 16 shall publish the following statement:
The Election Officer for the International Brotherhood of Teamsters has determined that Local Union 817 President Thomas O'Donnell violated the Election Rules on January 31, 1996, by campaigning while on union time at a strike rally attended by members within Joint Council 16. In order to remedy this violation and provide equal access, the Election Officer has directed Joint Council 16 to allocate the space below to Ron Carey, a candidate for general president.
Within two (2) days of publication of Mr. Carey's statement, or if no statement is submitted, within two (2) days after the five (5) days have elapsed, Joint Council 16 shall submit an affidavit to the Election Officer setting forth in detail the steps it has taken to comply with the preceding paragraph of this decision and order.
Jerry Ranita
March 26, 1996
Page 1
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 N. Capitol Street, Suite 855, Washington, DC 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
Barbara Deinhardt, New York City Protest Coordinator
Arthur Wasserman, Regional Coordinator
[1]The Election Officer has been advised that Joint Council 16 is currently preparing the publication of the next issue of its newsletter.