August 20, 1996
VIA UPS OVERNIGHT
Steve Williamson
4114 45th Avenue, S.W.
Seattle, WA 98116
Jon L. Rabine, Secretary-Treasurer
Teamsters Local Union 763
553 John Street
Seattle, WA 98109
Re: Election Office Case No. P-866-LU763-PNW
Gentlemen:
Steve Williamson, an organizer employed by Local Union 174, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) against Local Union 763. The protester alleges that Local Union 763 violated the Rules by displaying a Hoffa sign in a window of its office.
The local union concedes that one of its employees put the Hoffa sign in the window for about a week. During that week, Jon Rabine, Local Union 763 secretary-treasurer, was out of town. When Mr. Rabine returned, he directed the sign to be removed.
Regional Coordinator Christine M. Mrak investigated the protest.
The office of Local Union 763 is located in a two-building complex which houses the local unions in the Seattle area and Joint Council 28. The protested sign was one-foot square and supported the candidacies of William T. Hogan, Jr. for general secretary-treasurer and James P. Hoffa for general president. The sign was posted for approximately seven days in a window facing the parking lot for the complex.
Steve Williamson
August 20, 1996
Page 1
Article VIII, Section 11(c) of the Rules states, in relevant part:
Union funds, facilities, equipment, stationery, personnel, etc., may not be used to assist in campaigning unless the Union is reimbursed at fair market value for such assistance, and unless all candidates are provided equal access to such assistance and are notified in advance, in writing, of the availability of such assistance.
The Election Officer has interpreted this section of the Rules to indicate that the display of campaign-related material in union offices is an impermissible use of union facilities in order to campaign and a violation of the Rules. See Yeakel, P-762-LU773-PNJ (June 5, 1996) (display of hats bearing campaign insignia in local union officers’ offices violates the Rules); Yeakel, P-256-LU773-PNJ, P-257-LU773-PNJ (January 4, 1996), aff’d, 96 - Elec. App. - 57 (January 23, 1996) (use of a wall in the local union secretary-treasurer’s office to post campaign-related photographs was a use of union resources prohibited by the Rules).
The display of the campaign sign in the window of Local Union 763’s office constituted a use of union facilities to promote the candidacies of Messrs. Hoffa and Hogan. Local Union 763 has thereby violated Article VIII, Section 111(c) of the Rules.
Accordingly, the protest is GRANTED.
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.
The Election Officer notes that the protested sign was up for approximately a week before it was directed to be removed by Mr. Rabine. Under these circumstances, she hereby orders that Local Union 763 cease and desist from further display of campaign-related material on local union or joint council premises.
An order of the Election Officer, unless otherwise stayed, takes immediate effect against a party found to be in violation of the Rules. In Re: Lopez, 96 - Elec. App. - 73 (KC) (February 13, 1996).
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:
Steve Williamson
August 20, 1996
Page 1
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
Christine M. Mrak, Regional Coordinator