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Office of the Election Supervisor for the International Brotherhood of Teamsters

              July 10, 1996

 

 

VIA UPS OVERNIGHT

 


Charles Mosqueda & Wesley Epperson

July 10, 1996

Page 1

 

 

Charles Mosqueda

4921 Cessna Street

Wichita, KS 67210

 

Wesley Epperson

1702 Evanston

Independence, MO 64052

 

James P. Hoffa

2593 Hounds Chase

Troy, MI 48098

 

Philip E. Young, President

Teamsters Local Union 41

4501 Van Brunt Boulevard

Kansas City, MO 64130


Kevin ONeill

Labor Beacon

625 W. 39th Street, Suite 104

Kansas City, MO 64111

 

Ron Carey, General President

International Brotherhood of Teamsters

25 Louisiana Avenue, N.W.

Washington, DC 20001

 

Nathaniel Charny

Cohen, Weiss & Simon

330 W. 42nd Street

New York, NY 10036

 

John Sullivan, Associate General Counsel

International Brotherhood of Teamsters

25 Louisiana Avenue, N.W.

Washington, DC 20001


Charles Mosqueda & Wesley Epperson

July 10, 1996

Page 1

 

 

Re:  Election Office Case Nos.              P-817-LU41-MOI, P-834-LU41-MOI

 

Gentlemen:

 

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

Charles Mosqueda, president of Local Union 795, and Wesley Epperson, a member of Local Union 41, against the Labor Beacon, James P. Hoffa, a candidate for general president, and Local Union 41 and Joint Council 56 President Phil Young, who is also a candidate for International vice president.


Charles Mosqueda & Wesley Epperson

July 10, 1996

Page 1

 

 

The protesters allege that two articles appearing in the June 15, 1996 issue of the Labor Beacon support the candidacy of Mr. Hoffa and attack the candidacy of General President

Ron Carey.  In addition, Mr. Mosqueda alleges that, as reported in the Labor Beacon, Joint Council 56 impermissibly financed a campaign rally in support of Mr. Hoffas candidacy.

 

In response, Mr. Young states that he is not responsible for the content of articles printed in the Labor Beacon.  Kevin ONeill, publisher and managing editor of the newspaper, states that while the articles appearing in the Labor Beacon may have supported the candidacies of Messrs. Hoffa and Young and attacked Mr. Careys candidacy, they do not violate the Rules.

 

Because these protests raised similar legal and factual claims, they were consolidated by the Election Officer.

 

These protests were investigated by Associate Regional Coordinator William Eisler.                      

The Labor Beacon is a bi-weekly newspaper/corporation owned by Mr. ONeill.  It is not union-financed.  The newspaper has a circulation of 15,000.  The Labor Beacons mission, as stated in its media packet, is to be a source of labor news and official union notices to Kansas Citys organized labor community . . . by focusing on local news of particular interest to union members.  No local unions or joint councils affiliated with the IBT subscribe to the newspaper, although between 25 and 30 complimentary copies of the publication are routinely dropped of at Local Union 41 and Joint Council 56 headquarters.  Mr. ONeill states that the only money ever received from IBT affiliates by the Labor Beacon were small holiday ads placed by Local Unions 541 and 831.  However, the Young Support Team, the campaign organization for Mr. Young, paid $90 for 200 copies of the June 15, 1996 issue of the Labor Beacon subsequent to its publication.

 

The protested articles are in the June 15 edition of the Labor Beacon.  They are both written by Mr. ONeill.  On page 1 of the paper, the headline reads Teamsters falling on hard times under Carey.  The article reviews finances of the International union and quotes Mr. Young stating It is amazing the damage that Ron Carey has done to our union.  The article goes on to make statements about Careys Mob Ties, A Terrible Master Freight Agreement, and Mr. Careys defeat in the dues increase vote.  The article ends stating that Ron Carey is a detriment to the future of the Teamsters, but that Mr. Hoffa can bring pride back to the Teamsters.  The article is accompanied by a picture of Mr. Hoffa with

Mr. Young.  The caption states that it was a rally on Mr. Hoffas behalf hosted by Joint Council 56 and its president Phil Young.  On page 3, the Labor Beacon contains an editorial by Mr. ONeill entitled, Carey is not the Reform candidate he sold himself as.  The article is very critical of Mr. Carey, repeats several allegations about mob ties and compares him to former IBT General President Jackie Presser.

 


Charles Mosqueda & Wesley Epperson

July 10, 1996

Page 1

 

 

Mr. ONeill states that he alone makes editorial judgments and decisions as to the content of the newspaper.  He states that the articles appearing in the Labor Beacon are not intended to reflect balanced reporting.  He states that the protested articles appearing in the June 15, 1996 issue of the newspaper were prompted by the receipt of a press release sent to him on June 9 by the Young Support Team.  An interview with Mr. Young was arranged by Mr. ONeill and the two men later met and talked.

 

Article VIII, Section 8(a) of the Rules prohibits a union-financed publication or communication to support or attack any candidate or the candidacy of any person. 

 

Article XII, Section 1(b)(1) of the Rules, provides that no union or employer may contribute . . . directly or indirectly, anything of value, where the purpose, object or foreseeable effect of the contribution is to influence, positively or negatively, the election of a candidate . . .

 

   Here, the Election Officers investigation found that the Labor Beacon is not a union-financed publication, but rather is a publication owned by Mr. ONeill, an employer, intended for and disseminated to the labor community.  As the Election Officer recently stated in Hoffa, P-743-IBT-SCE (May 23, 1996), appropriate First Amendment latitude must be given to such publications.  Articles contained in these publications do not violate the Rules unless candidates or committees acting on behalf of candidates control the editorial policies of the responsible entities.  The media employer exception has been comprehensively discussed in several prior cases and is well-established.

 

Similarly, here, the Election Officers investigation found no evidence that Mr. Hoffa, Mr. Young or any persons affiliated with Joint Council 56 or Local Union 41 exercised any control over the Labor Beacons editorial policies or the articles published on July 15.  That occasional holiday ads were run in the Labor Beacon by Local Unions 541 and 838 and paid for by the local unions does not infer that the newspapers editorial policies are controlled by candidates or committees acting on behalf of candidates and, thus, violative of the Rules.

 

As to Mr. Mosquedas allegation that Joint Council 56 resources were used to fund a rally supporting Mr. Hoffas candidacy, the sole evidence produced by Mr. Mosqueda is a photo caption appearing under the photograph on page 1 of the paper.  The Election Officers investigation found that, upon receiving a copy of the June 15 issue of the Labor Beacon, Nancy Stevens, who is Mr. Youngs secretary, called Mr. ONeill and told him that neither Local Union 41 nor Joint Council 56 sponsored the Hoffa rally, as stated in the article.  A subsequent issue of the Labor Beacon, printed July 1, 1996, reads:  Correction: The caption below the photo of Jimmy Hoffa on the front page of the last issue of The Labor Beacon read that a picnic was hosted by the Teamsters Joint Council #56 and President Phil Young.  The picnic was actually hosted by the Young Support Team.  We apologize for this error. 

 

Finding that the Labor Beacon has retracted the report that Joint Council 56 funded the Hoffa rally, there is no evidence supporting the protesters claim.

 

In consideration of the foregoing, these protests are DENIED.


Charles Mosqueda & Wesley Epperson

July 10, 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

William Eisler, Associate Regional Coordinator