July 2, 1996
VIA UP OVERNIGHT
James P. Hoffa
July 2, 1996
Page 1
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Craig Merrilees, Communications Coord.
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
Ron Carey, General President
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
John Sullivan, Associate General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
James P. Hoffa
July 2, 1996
Page 1
Re: Election Office Case No. P-813-IBT-SCE
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(a) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by
James P. Hoffa, a candidate for general president. Mr. Hoffa alleges that Craig Merrilees, an employee of the IBT Communications Department, improperly contributed to the campaign of Ron Carey, the current general president and a candidate for reelection. He asserts that
Mr. Merrilees made statements to a newspaper reporter which attacked his candidacy and supported that of Mr. Carey. Based on the same allegations, Mr. Hoffa also charges
Mr. Carey and the IBT Communications Department.
The protest was investigated by Regional Coordinator Bruce Boyens and Election Office Staff Attorney Patrick Plummer.
James P. Hoffa
July 2, 1996
Page 1
The subject of the protest is an article published by the Chicago Sun-Times (“Sun-Times”) on June 16, 1996. It begins with the headline “Hoffa adds Chicago local chief to slate.” The text concerns the announcement of Chester Glanton, current president of Local Union 743, to seek the office of IBT vice president-at-large and to affiliate his campaign with that of Mr. Hoffa. The article discusses Mr. Glanton’s experience with Local Union 743 and paraphrases a remark attributed to Mr. Hoffa regarding Mr. Glanton’s ostensible contribution to the slate. The fact that Local Union 743 has been under trusteeship since 1994 is also referenced. The report continues with the following:
Hoffa used the occasion of Glanton’s nomination to blast Carey, whom he has accused of dividing the union, poor management and of using double standards when taking action against union officials accused of wrongdoing.
He also said that, if elected, he would ask government officials to discuss a timetable for ending government oversight of the union. Such oversight, he said, has cost the union over $60 million since 1989.
The article concludes with the two paragraphs to which Mr. Hoffa specifically objects, quoted below:
Carey has maintained he inherited financial problems and has accused Hoffa supporters of opposing efforts to weed out corruption.
“When corruption has ended, that’s when the government will get out,” said Carey spokesman Craig Merrilees.
Mr. Merrilees admits making that portion of the above statement that refers to government involvement in the union. He denies making any reference to Mr. Carey having “inherited” the IBT’s financial problems or to Mr. Hoffa’s supposed opposition to the IBT’s anti-corruption efforts.
Mr. Merrilees states he was telephoned by the author of the article, Francine Knowles, on January 15, 1996. The interview, he states, was very brief and his only responses were made in answer to specific questions. According to Mr. Merrilees, Ms. Knowles did not advise him of the context of the article or her questions, but asked him whether or not he was aware that Mr. Hoffa had made a statement about the government’s involvement in the union. Mr. Merrilees recalled that the quotation which appeared in the article was made by him in specific response to the question, “When will the government “get out” of the union?”
Ms. Knowles confirms Mr. Merrilees’ recollection and further states that the information for the paragraph on union finances and corruption was not obtained from Mr. Merrilees. She states that the use of the term “Carey spokesman” in connection with the quotation was inaccurate and that Mr. Merrilees represented himself at all times as a spokesman for the IBT.
The Rules at Article XII, Section 1(b) provide that no employer is permitted to contribute anything of value to a campaign “where the purpose, object or foreseeable effect of the contribution is to influence, positively or negatively, the election of a candidate.”
James P. Hoffa
July 2, 1996
Page 1
No evidence has been submitted to show that Mr. Merrilees told Ms. Knowles that
Mr. Carey “inherited” the IBT’s financial problems or that Mr. Hoffa does not support the “efforts to weed out corruption.” That particular part of the article is neither quoted nor attributed to Mr. Merrilees. Mr. Merrilees denies having said it. Ms. Knowles states that Mr. Merrilees was not her source for the item.
Mr. Merrilees admits he told Ms. Knowles, in response to her specific question, that the “government will get out” of the union’s affairs “[W]hen corruption has ended.” In Hoffa, P-796-IBT-SCE (June 20, 1996), Mr. Hoffa alleged that Mr. Merrilees improperly contributed to the Carey campaign by making certain statements to the Home News and Tribune. As stated in that case:
The Election Officer rejects the suggestion that IBT staff and officials must not communicate with the press whenever there is the possibility that their making a statement about the union or its leaders will wind up being used in a campaign context. Instead, the union must be free to communicate regarding its legitimate activities and defend itself from public criticism.
The statement made by Mr. Merrilees to Ms. Knowles makes no reference to
Mr. Carey or to the election. It does not, on its face, support or attack any candidate. Discussion concerning the subject of the statement-the existence of corruption within the IBT-has long been regarded by the Election Officer as a legitimate activity. See Martin, et al.,
P-010-IBT-PNJ, et seq. (August 17, 1995) (decision on remand), aff’d, 95 - Elec. App. - 18 (KC) (October 2, 1995). Mr. Merrilees did not violate the Rules by making this non-election- related statement in the context of the Sun-Times interview.
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
James P. Hoffa
July 2, 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