Protest Decisions

September 10, 1996

VIA UPS OVERNIGHT

Lester A. Singer

September 10, 1996

Page 1

Lester A. Singer

6982 Wagoner Road

Perrysburg, OH  43551

Ron Carey, General President

International Brotherhood of Teamsters

25 Louisiana Avenue, N.W.

Washington, DC  20001

Michael Schaffer, Secretary-Treasurer

Teamsters Local Union 377

1223 Teamsters Drive

Youngstown, OH  44502

John Sullivan, Associate General Counsel

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

Lester A. Singer

September 10, 1996

Page 1

Re:  Election Office Case No. P-869-IBT-SCE

                                                        CORRECTED

Gentlemen:

A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by Lester A. Singer, a member of Local Union 20.  Mr. Singer contends that “summer help,” hired by the IBT and General President Ron Carey and assigned to various local unions, distributed campaign literature supporting Mr. Carey “while being paid for by the International and/or Teamster Local 377.”

Lester A. Singer

September 10, 1996

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The IBT responds that the persons referred to by Mr. Singer as “summer help” were among those hired pursuant to a national IBT program entitled, “Teamster Summer.”  Through this program, young men and women from Teamster families were given an opportunity to serve in summer internships, working with local unions to build voter registration and political involvement among IBT members.[1]  According to the IBT, two summer interns were hired solely for the purpose of assisting Local Union 377 in increasing voter registration and promoting political activism.  The IBT contends that these two interns were specifically instructed to assist with voter registration and distribute IBT materials that are not related to the International officer campaign and were further instructed not to engage in campaign activities while on union-paid time.

The protest was investigated by Regional Coordinator Bruce Boyens.

Mr. Singer presented two witnesses in support of his protest.  Neither the IBT nor Local Union 377 dispute the statements of these witnesses.  Al Adams, a current member of Local Union 20 and a former member of Local Union 377, is employed as a driver for Roadway Express (“Roadway”).  While present at Roadway’s facility in North Lima, Ohio during the week which began July 15, 1996, he observed two young people in the drivers’ barn passing out Carey campaign literature.  Mr. Adams asked them who they worked for.  They replied that they worked for Local Union 377 as summer interns and were signing up members for DRIVE.[2]  Mr. Adams noted that the two young men were also carrying applications to join the Teamsters for a Democratic Union  and a postcard picturing

Mr. Hoffa, containing claims that he is connected to organized crime.  When questioned about this literature by Mr. Adams, one responded that “Hoffa was running against our President.”  Mr. Adams asked them if they were campaigning.  One of the young men answered, “Yes.”

Jerry Kirkland, a former steward of Local Union 377, is a Leaseway Motor Car (“Leaseway”) employee in Lordstown, Ohio.  On July 29, 1996 between the hours of 2:00 p.m. and 4:15 p.m., Mr. Kirkland observed two young men present in the driver’s room where he works.  Upon inquiry, the two young men explained that they were there to sign up members for DRIVE.  Mr. Kirkland also saw them place campaign literature supporting

Mr. Carey on the tables in plastic bags.  He saw the same two young men engage in similar activities on August 3, 1996, at approximately 10:00 a.m.

On both occasions, Mr. Kirkland complained to Tom Gulluck, Leaseway’s office manager at that location.  He pointed out that Leaseway had never allowed any campaigning in this work area and asked Mr. Gulluck to “run them off.”  Referring to the supporters of

Mr. Hoffa and campaigning during working hours, Mr. Kirkland said, “if they can do it, so can we.”  A supervisor named Tony Albanese attempted to talk to these young men on

Lester A. Singer

September 10, 1996

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July 29, but they had already left the premises.  Mr. Gulluck did make contact with them on August 3.  He told them to leave and they promptly complied.

The two summer interns observed by Mr. Adams and Mr. Kirkland were ultimately identified as Jonathon Matthis and Brent Stephens.  Neither Mr. Stephens nor Mr. Matthis are members of the IBT.  Mr. Stephens did not return any of the Regional Coordinator’s telephone calls.  But Mr. Matthis was successfully contacted.  He confirmed that he and Mr. Stephens were hired by the IBT under the “Teamster Summer” program and assigned to Local

Union 377, where they engaged in efforts to promote DRIVE and increase voter registration for the national presidential and congressional elections. 

The terms and conditions of the “Teamster Summer” program are spelled out in a memorandum dated March 27, 1996 from Bill Hamilton, IBT Director of Government Affairs/

DRIVE.  The memorandum solicits “applications from young men and women from Teamster families to serve summer internships working with local unions to build voter registration and political involvement among our members.”  In addition to being a member of a “Teamster” family, applicants were required to be at least 18 years of age, available beginning mid-June for 10 consecutive weeks and be willing to travel wherever needed on assignment “with a local union, joint council or other Teamster unit.”  In return for their efforts, the IBT agreed to provide a “stipend” of $200 per week.  “Teamster units” accepting intern assistance were obligated to provide “housing and transportation assistance.”  The families of persons employed by the International union were not eligible to participate.  The IBT “unit” to which the intern was assigned also had the responsibility to supervise him or her.  An attachment to

Mr. Hamilton’s memorandum subtitled, “Questions and Answers for Principal Officers” stated:

The local union also is responsible for designating a contact person at the local who will supervise daily activities and ensure that they have a successful and rewarding experience.

Mr. Matthis and Mr. Stephens were supervised by Michael Schaffer, secretary-treasurer of Local Union 377, and Staughton Lynd, an attorney.  During the 10-week period of the internship, these interns worked together on various assignments and projects.  They had no fixed schedule.  Mr. Matthis stated, and Local Union 377 confirmed that, as summer interns, they were responsible to work a 40-hour week.  But they were permitted to set their own hours and to decide when it was appropriate to take breaks.  A typical workday, according to Mr. Matthis, might consist of work in the early morning and work again in the late evenings with off time during mid-day.  Sometimes the interns would declare days off during the week and work weekends.  Once their assignments were completed, the interns were free to use the remainder of their time as they chose.  The activity reports submitted by Mr. Matthis and Mr. Stephens show that they spent substantial time on Local Union 377 voter registration drives and on political action for a congressional candidate.  They were also exposed to grievance handling and contract negotiations.  They worked on the development of an oral history of Local Union 377 with the retirees.

Lester A. Singer

September 10, 1996

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Shortly after he began performing his duties as a summer intern, Mr. Matthis requested of Mr. Schaffer that he be given campaign material supporting Mr. Carey.  Mr. Schaffer gave him these materials, but reminded him that he was only to campaign on his own time and not while working for Local Union 377.  Mr. Matthis confirms that he was specifically instructed by Mr. Schaffer that he could not campaign or pass out campaign literature on union-paid time.

Mr. Matthis recalled both the Roadway and Leaseway incidents and substantially confirmed the statements of Mr. Adams and Mr. Kirkland.  He admitted campaigning on these occasions, but stated that no campaign activities occurred on union-paid time.  Mr. Matthis stated that he carried Carey campaign literature wherever he went, but limited his campaign activities to those times when he was not conducting business for Local Union 377 and had declared himself on break.

The Rules at Article VIII, Section 11(b) retain for “[A]ll Union officers and employees,” the right to “participate in campaign activities, including the right to run for office, to openly support or oppose any candidate, to aid or campaign for any candidate, and to make personal campaign contributions.”  Such campaign activities, however, may “not involve the expenditure of Union funds.” 

The protected right to engage in, or refrain from engaging in campaign activities under Article VIII, Section 11(b) of the Rules extends only to officers and union employees who are members of the IBT.  Individuals who are not members of the IBT and who choose to campaign in locations and at times covered by the Rules, do so at their own risk.

Mr. Matthis and Mr. Stephens acted improperly when they gained access to the premises of Roadway and Leaseway for the stated purpose of conducting legitimate union business and then took unfair advantage of that position to campaign for Mr. Carey.  They are not employees of Roadway or Leaseway, nor are they members of the IBT.  As such, they have no protected right to campaign on the premises of any employer.  Under the Rules, only IBT members may campaign on their own time in non-work areas which are controlled by their employer, unless a pre-existing right is in place expanding that privilege to other times, other areas or other persons.  None of these criteria apply to Mr. Matthis or Mr. Stephens.

The Election Officer has previously determined that gaining access to employer premises on the basis of a legitimate status or purpose and transforming that access to an opportunity to campaign is in violation of the Rules.  Lopez, P-667-LU743-CHI (April 8, 1996) (access to employer’s premises gained by a non-employee who was not a member of the IBT violated the Rules); Moore, P-670-LU743-CHI (June 7, 1996) (access to employer’s premises gained by a non-employee member by misrepresenting himself as a business agent violated the Rules). 

Lester A. Singer

September 10, 1996

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The non-employees in the Lopez and Moore cases were not on union-paid time when the campaign activities occurred.  In this case, the summer interns were paid by the IBT through a “stipend” of $200 per week.  The interns were under the general supervision of Local Union 377.

Article XII, Section 1(b)(1) of the Rules provides that no 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 . . .”  The campaign activities of these interns on behalf of Mr. Carey when on employer premises constitute the making of an improper campaign contribution to the Carey campaign by the IBT. 

Accordingly, the protest is GRANTED.

Having found that the Rules have been violated, the Election Officer “may take whatever remedial action is appropriate.”  Article XIV, Section 4.  In fashioning the appropriate remedy, the Election Officer views the seriousness of the violation, as well as its potential for interfering with the election process. 

Here, the Election Officer does not conclude that these summer interns overtly misrepresented themselves.  Rather, she concludes that these activities were discrete errors committed by young people who were not adequately supervised.  The Election Officer found that the IBT and Local Union 377 made it clear that the interns were not to campaign on union-paid time.  Nevertheless, the IBT, as the employer of these young men, and Local

Union 377 as their supervisor, are jointly responsible for the access violation.

The Election Officer therefore directs as follows:

(1) Within two (2) days of receipt of this decision, Mr. Schaffer, in his capacity as secretary-treasurer of Local Union 377, and Mr. Hamilton, in his capacity as IBT Director of Government Affairs/DRIVE, shall sign the enclosed “Notice to Members of Local

Union 377.”  The notice shall be posted by Local Union 377 on all union bulletin boards at Roadway’s facility in North Lima, Ohio and Leaseway’s facility in Lordstown, Ohio.

(2) The IBT and Local Union 377 are directed to immediately cease and desist from permitting non-member employees to campaign in any manner while engaged in assigned union business.

(3) Mr. Hamilton and Mr. Schaffer are each ordered to execute and file an affidavit describing in detail their compliance with the provisions of this order within seven (7) days of receiving this decision.

Lester A. Singer

September 10, 1996

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(4) The Election Officer has found that Mr. Matthis and Mr. Stephens were on the premises of Roadway and Leaseway on three separate occasions for approximately 2¼ hours on each occasion, totaling 6¾ hours for each intern.  The Election Officer is not able to determine the precise amount of this time that was spent campaigning.  Therefore, the Election Officer directs the Carey Campaign to reimburse the IBT $67.50, representing the portion of their stipend they spent on these employer premises.  The Carey campaign is further directed to file an affidavit describing in detail their compliance with the provisions of the order within seven (7) days or receiving this decision.

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:

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 IBT MEMBER EMPLOYEES

                                          OF ROADWAY AND LEASEWAY

The Election Officer has found that the International union and Local Union 377 violated the Election Rules when two summer interns employed under the “Teamster Summer” program and assigned by the International union to Local Union 377, campaigned for Ron Carey inside the premises of Roadway Express in North Lima, Ohio and Leaseway Motor Car in Lordstown, Ohio.  These interns were neither members of the IBT nor employees of these employers.  Therefore, they had no right to campaign on the premises of Roadway or Leaseway.

MIKE SCHAFFER                                                                      BILL HAMILTON

Secretary-Treasurer                                                                      IBT Director of Government Affairs/

Local Union 377                                                                                      DRIVE

This is an official notice which must remain posted for 30 consecutive days and must not be defaced or altered in any manner or be covered with any other material.

Approved by Barbara Zack Quindel, IBT Election Officer.