June 13, 1996
VIA UPS OVERNIGHT
Donald Chambers
June 13, 1996
Page 1
Donald Chambers
45578 Younger Drive
East Liverpool, OH 43920
William Hogan, Jr., Secretary-Treasurer
Teamsters Local Union 714
6815 W. Roosevelt Road
Berwyn, IL 60402
Les Singer, President
Teamsters Local Union 20
435 S. Hawley Street
Toledo, OH 43609
Terry Freeman, Secretary-Treasurer
Teamsters Local Union 507
707 Brookpark Road
Cleveland, OH 44109
Sam Theodus, President
Teamsters Local Union 407
3150 Chester Avenue
Cleveland, OH 44114
Angelo Massera
Teamsters Local Union 407
3150 Chester Avenue
Cleveland, OH 44114
Bob Vibonese
Teamsters Local Union 407
3150 Chester Avenue
Cleveland, OH 44114
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Paul Alan Levy
Public Citizen Litigation Group
1600 20th Street, N.W.
Washington, DC 20009
Donald Chambers
June 13, 1996
Page 1
Re: Election Office Case No. P-781-LU407-CLE
Gentlemen:
Donald Chambers
June 13, 1996
Page 1
Donald J. Chambers, a member of Local Union 407, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”) alleging improper employer support for campaigning by International candidates James Hoffa, Bill Hogan, Les Singer and Sam Theodus (a Local Union 407 member), and two Local Union 407 business agents who support them,
Angelo Musarra and Bob Vibonese. Mr. Chambers states that those members “made campaign speeches, signed autographs, and handed out campaign literature and paraphernalia” in various work areas at a Yellow Freight facility, whereas Yellow Freight did not permit equal access to an opposing International candidate, Dennis Skelton. Mr. Chambers asserts that other employers gave similar treatment to the members in question. Mr. Chambers also alleges improper union support for the campaigning of Messrs. Hoffa, Hogan, Singer, Theodus, Musarra and Vibonese by asserting that they were on union time and that their campaigning involved union expense.
This protest was investigated by Regional Coordinator Bruce Boyens.
In his protest, Mr. Chambers states that on May 22, 1996, Messrs. Hoffa, Hogan, Singer, Theodus, Musarra and Vibonese campaigned at the Yellow Freight facility from approximately 7:30 a.m. until after 9:00 a.m. He states that “they had free access to various working areas, including the dock and the fuel lanes.” He also states that they drove their vehicles, bearing campaign signs, “right up to the dock.” Mr. Chambers asserts, by contrast, that when Mr. Skelton visited the same facility earlier in the month, “he had access only to the lunch room and dispatch room, and he was necessarily confined to union business rather than campaigning.”
As an additional allegation of improper employer contribution, Mr. Chambers states that on the same day, “Hoffa and an entourage, presumably including Hogan and Singer, campaigned at the premises of employers whose employees are represented by Teamsters Local 507,” naming Riser Foods, American Consumers and Sysco Foods. His protest states that “[h]e believes, and therefore alleges, that they received similar treatment at those workplaces.”
Lastly, Mr. Chambers states that “[w]e suspect, and therefore allege, that Hoffa, Singer and Hogan traveled to Cleveland on union time and at union expense to engage in this campaigning, and that they as well as Theodus, Musarra and Vibonese were on union time when they were campaigning.”
Messrs. Hoffa, Hogan, Singer, Theodus, Musarra and Vibonese respond that they campaigned at Yellow Freight on May 22 in non-work areas only: the parking lot and breakrooms. Mr. Singer states that “while it is true that vehicles transporting candidates were driven onto the premises of and up to the dock at Yellow Freight, the Yellow Freight objected to these vehicles and the vehicles were immediately moved.” Messrs. Hoffa, Hogan, Singer and Theodus assert that they took vacation days. Messrs. Musarra and Vibonese state that they stopped campaigning at approximately 8:45 a.m., prior to normal work hours.
Mr. Hoffa drove to Cleveland in his own car. Mr. Singer drove to Cleveland in a car titled to the Ohio Conference of Teamsters, which Mr. Singer has the right to use for private business. Mr. Hogan flew. All have provided statements to the investigator that they used their own money, not union funds.
Donald Chambers
June 13, 1996
Page 1
When interviewed by Regional Coordinator Boyens, Mr. Chambers produced no support for his allegations of improper employer contributions. Neither he nor his witness, Local Union 507 member Steve French, saw any campaigning in work areas at Yellow Freight or at any other employer. He disavowed the allegation of disparate treatment between International candidates by stating that Mr. Skelton had the same opportunity and access to campaign at Yellow Freight as Messrs. Hoffa, Hogan and Singer. When asked by the Regional Coordinator, Mr. Chambers did not provide any evidence or other witness to support his allegations. The Election Officer finds no basis for further treatment of these charges.
With respect to the allegations of improper union contributions, Mr. Chambers’ protest only states that “[w]e suspect, and therefore allege,” that improper contributions were made. Therefore, he has not met his initial burden, articulated in Gilmartin, P-032-LU245-PNJ (December 12, 1995), of introducing some evidence “to show that 1) the union has contributed something of value . . .” Nevertheless, the Election Officer has investigated the claims. Messrs. Hoffa, Hogan, Singer and Theodus furnished evidence that they took vacation days on May 22. With respect to Messrs. Mussara and Vibonese, Mr. Chambers acknowledged that they stopped campaigning before the start of work hours. Mr. Singer’s use of a union car was permitted by Article VIII, Section 11(c) of the Rules. The Election Officer found no evidence to support the charge that any persons involved used union funds.
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
Donald Chambers
June 13, 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 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