August 29, 1996
VIA UPS OVERNIGHT
Al Adams
August 29, 1996
Page 1
Al Adams
14968 Carrol Drive
Maple Heights, OH 44137
Nick Nardi, President
Teamsters Joint Council 41
3150 Chester Avenue
Cleveland, OH 44114
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
Nathaniel Charny
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
Al Adams
August 29, 1996
Page 1
Re: Election Office Case No. P-875-LU407-CLE
Gentlemen:
Al Adams, a member of Local Union 407, 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 Joint Council 41, Joint Council 41 President
Nick Nardi, as well as Phil Young and James P. Hoffa, both of whom are candidates for International office. The protester alleges that Joint Council 41 violated the Rules by failing to give the Carey campaign equal access to a picnic held by the joint council on August 18, 1996. The protester alleges that the Carey campaign was given six days written notice of the event, while the Hoffa campaign knew of the event “well in advance.” The protester further alleges that Joint Council 41 made an improper contribution to the Hoffa campaign, in violation of the Rules, by scheduling the event to coincide with a campaign trip through Ohio previously planned by Mr. Hoffa.
Al Adams
August 29, 1996
Page 1
Joint Council 41 denies the allegations, stating that it gave all candidates six days written notice of the picnic. The joint council admits that the event was publicized to its membership, and asserts that any member could have told Mr. Hoffa about the picnic.
Mr. Hoffa also denies the allegations, contending that the notice sent by Joint Council 41 satisfied Article VIII, Section 5(a)(3) of the Rules.
Regional Coordinator Joyce Goldstein investigated the protest.
On May 6, 1996, the Executive Board of Joint Council 41 voted to hold the “Family Day Picnic” on August 18, 1996 at the Dover Lake Waterpark (the “Waterpark”). According to the minutes of a meeting of the executive board held on May 6, 1996, the date of August 18 was selected because Local Union 407, one of the unions affiliated with Joint Council 41, had tentatively reserved the date at the Waterpark for its own annual picnic and subsequently agreed to turn over the reservation to the joint council since members of Local Union 407 would be invited to the joint council picnic. On or about June 4, 1996, the joint council sent a notice and posters to its affiliated local unions announcing the picnic. In early August, the joint council received inquiries from members asking whether candidates for International office could attend the picnic.
In response to these inquiries, and at the recommendation of its counsel, Joint
Council 41 sent, by certified mail, written invitations dated August 9, 1996 to representatives of the slates and independent candidates for general secretary-treasurer to attend the “Family Day Picnic.” The invitation stated that the picnic was to be held by the joint council for all of its affiliated local unions and their members on Sunday, August 18, 1996, at the Waterpark in Sagamore Hills, Ohio, just outside Cleveland. The invitation ended with the following statement:
However, this open invitation to all candidates should not be construed as an activity intended to influence, directly or indirectly the election of any candidate and this Joint Council will not become involved in any campaign activity. Therefore, we will not permit any campaign speeches or other presentations by candidates or their representatives at this event.
The invitation also advised that candidates were responsible for their own admission and parking costs.
The Carey campaign submitted a copy of a notice from Mr. Hoffa listing campaign stops in Ohio from August 16 through August 18. On his itinerary, Mr. Hoffa listed a “rally and picnic” at the Waterpark on August 18. Mr. Hoffa attended the picnic, as did
Mr. Young. There is no evidence that a rally was held at the Waterpark on that day.
Mr. Hoffa states that prior to receipt of the invitation, he had already planned to make an appearance outside the area at which the picnic was to be held.
Al Adams
August 29, 1996
Page 1
Article XII, Section 1(b)(3) of the Rules provides, in pertinent part:
No Union funds or other things of value shall be used, directly or indirectly, to promote the candidacy of any individual. Union funds, facilities, equipment, stationery, personnel, etc., may not be used to assist in campaigns unless the Union is compensated at fair market value for such assistance, and unless all candidates are provided equal access to such assistance and are advised in advance, in writing of the availability of such assistance.
The protester argues that because Mr. Hoffa received notice in advance of the other candidates and the picnic was scheduled to conform with Mr. Hoffa’s schedule, the charged parties made an improper contribution to Mr. Hoffa’s candidacy.
The protester, however, has provided no evidence that the joint council provided any different notice to Mr. Hoffa than to Mr. Carey. The flyer produced by the Hoffa campaign provides no indication that Mr. Hoffa learned of the picnic from the joint council earlier than Mr. Carey or any other candidate.
Further, there is no evidence that Joint Council 41 scheduled the picnic for the convenience of the Hoffa campaign. On the contrary, the evidence shows that Joint
Council 41 decided to schedule its picnic for August 18 because that was the date of an event at the Waterpark previously reserved by Local Union 407.
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
Al Adams
August 29, 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
Joyce Goldstein, Regional Coordinator