March 12, 1996
VIA UPS OVERNIGHT
Diane Hendricks
21 Elm Tree Court
Taylorville, IL 62568
Albert Boyd
831 E. South Grand Avenue
Springfield, IL 62703
Re: Election Office Case No. P-583-LU916-SCE
Gentlepersons:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”) by Diane M. Hendricks, a member of Local Union 916 and a candidate for delegate on the Carey slate. Ms. Hendricks alleges that Albert Boyd, president of the Local 916 Retirees’ Club (“Club”), engaged in improper campaigning at a Club meeting held at the Local Union 916 hall on March 2, 1996.
This protest was investigated by Regional Coordinator Bruce Boyens.
It is undisputed that after certain remarks by Local Union 916 Business Agent Mike Stout and a presentation by Ms. Hendricks, Mr. Boyd took the podium at the March 2 Club meeting and began campaigning for General President Candidate James Hoffa. This activity included: (1) a Hoffa endorsement; (2) offering Hoffa bumper stickers; and (3) playing a tape of speeches by Mr. Hoffa.
While the tape was playing, Mr. Stout called Mr. Boyd from the podium, after which he returned, stopped the tape, advised the Club that he had violated the Rules, and that charges would be filed as a result of his actions.
Diane Hendricks
March 12, 1996
Page 1
Mr. Boyd admitted the conduct involved to Regional Coordinator Boyens. He stated, however, that he did not know that he could not campaign as he did, that he knew Mr. Hoffa’s father and supported the son, that retirees cannot vote and therefore should not be held to the same campaign restrictions as active members,[1] and that the Local Union 916 Trustees should have told him that he could not campaign.
Retirees, as individuals, may endorse candidates for International office. A retiree club, however, is treated as a local union entity, when it conducts its meetings in the local union hall, or is union-financed. Thus, a retiree executive board acting as the executive board is prohibited from endorsing any candidate or slate of candidates as an entity. See Smith,
P-917-LU730-MID (October 10, 1991); Advisory on Campaign Contributions and Disclosure, p. 5. Here, the retiree meeting occured in the local union hall and Mr. Boyd, as president of the Club, plainly campaigned on behalf of Mr. Hoffa at the meeting. In this situation, the meeting was a local union meeting subject to the requirements of Article VIII, Section 5 of the Rules. The Rules set forth campaigning procedures for local union meetings which are non-discriminatory and pre-planned. While there is no question that campaigning is permitted at local union meetings, such an opportunity to campaign must be made equally available to all candidates with advance notice. See Kapitula, P-1104-LU401-PHL (November 22, 1991).
There is no allegation that Local Union 916 knew in advance that Mr. Boyd was going to campaign. That does not excuse the local union, however, from its obligation to ensure that its facilities are not used for campaigning in a discriminatory way. Article VIII,
Section 5(a)(4) of the Rules provides:
A Local Union shall not . . . permit discrimination in favor of or against any candidate in conjunction with its meetings or otherwise. This requirement shall apply not only to formal presentations by or on behalf of candidates but also to informal campaign activities, such as, for example, comments on candidates during meetings, literature distribution at meetings, literature distribution tables, etc.
In view of this section of the Rules, Mr. Boyd’s campaigning should have been stopped when it started. The local union violated the Rules when it did so only after Mr. Boyd made some campaign remarks, offered campaign literature, and started playing a tape recording of campaign speeches.
Accordingly, the protest is GRANTED.
Diane Hendricks
March 12, 1996
Page 1
When the Election Officer determines that the Rules have been violated, she “may take whatever remedial action is appropriate.” Article XIV, Section 4. In fashioning the appropriate remedy, the Election Officer views the nature and seriousness of the violation as well as its potential for interfering with the election process. Here, a remedy is required for Mr. Boyd’s improper use of the Local Union 916 hall to campaign for Mr. Hoffa. The Election Officer therefore orders that, within five (5) days of the date of this decision:
(1) Local Union 916 shall fill out and send the attached notice to the Carey campaign, with a copy of this decision, notifying the Carey campaign of this decision and inviting a representative of the Carey campaign to address the next meeting of the Local 916 Retirees’ Club for fifteen (15) minutes; and
(2) that, if such an invitation is accepted, the Local 916 Retirees’ Club shall allow such a representative to speak at its next meeting in compliance with this order.
Within three (3) days of issuing the invitation required by this order, Local Union 916 shall file an affidavit with the Election Officer demonstrating its compliance with this order.
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
Bruce Boyens, Regional Coordinator
NOTICE TO CAREY CAMPAIGN FROM LOCAL UNION 916
The Election Officer has found that Local Union 916 violated the Election Rules when it permitted campaigning on behalf of General President Candidate James Hoffa at a meeting of the Local 916 Retirees’ Club on March 2, 1996.
To remedy that violation, the Election Officer ordered Local Union 916 to send this notice inviting a representative to address the next meeting of the Local 916 Retirees’ Club for fifteen (15) minutes at the beginning of the meeting. The next meeting of the Local 916 Retirees’ Club will be held on ________________ _____, 1996, at _______________ AM/PM.
Please advise the undersigned within three (3) days of receipt of this notice, whether the invitation is accepted.
________________________________
Albert Boyd, President
Local 916 Retirees’ Club
Approved by Barbara Zack Quindel, IBT Election Officer.
[1]Ms. Hendricks alleges that Mr. Boyd said at the Club meeting that “while they could not vote, they could ‘get out there and campaign.’”