October 2, 1996
VIA UPS OVERNIGHT
Cathlene Thomas
October 2, 1996
Page 1
Cathlene Thomas
1903 W. Winnemac #3
Chicago, IL 60640
Don Deacon
Palumbo Construction Company
1819 Elmhurst Road
Elk Grove Village, IL 60007
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Jim Dowling
Groot Industries
1759 Elmhurst Road
Elk Grove Village, IL 60007
Cathlene Thomas
October 2, 1996
Page 1
Re: Election Office Case No. P-907-LU347-CHI
Gentlepersons:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”) by Cathlene Thomas, a member of Local Union 347. Ms. Thomas alleges that Groot Industries (“Groot”) and Palumbo Construction Company (“Palumbo”) contributed to the campaign of James P. Hoffa, a candidate for general president, by allowing a pro-Hoffa campaign sign to be displayed on property under their joint control.
Specifically, Ms. Thomas states that on August 26, 1996, Ms. Thomas observed a pro-Hoffa sign on a fence shared by Groot and Palumbo work sites.
Craig Phillips, division manager for Groot, acknowledges that Groot owns and is responsible for the fence. He also admits that the protested sign was posted, but states that the posting occurred without the employer’s knowledge or consent. According to Mr. Phillips, the fence in question is accessible from an open, unsecured lot that fronts on a major thoroughfare. He states that anyone could have placed the sign on the fence without the knowledge of the employer. He further states that he will inform all onsite managers to be alert to such postings in the future and to immediately remove any discovered.
Cathlene Thomas
October 2, 1996
Page 1
Bob Dunne, a representative of Palumbo, states that the fence in question is not Palumbo’s property or under Palumbo’s control. He states that, at the request of the Election Officer’s Regional Coordinator, he removed the sign even though it was not the responsibility of Palumbo personnel to police postings on the fence.
Regional Coordinator Julie E. Hamos investigated the protest.
Article XII, Sections 1(a) and 1(b)(1) of the Rules prohibit an employer from making any campaign contributions to the campaign of a candidate for delegate or International office. The Rules define “campaign contributions” to include “any direct or indirect contribution of money or other thing of value where the purpose, object or foreseeable effect of that contribution is to influence the election of a candidate.” Rules, Definitions, 5. As stated in the Election Officer’s Advisory on Campaign Contributions and Disclosure, such contributions can include any goods, compensated services or any material things of value. The Rules also define campaign contributions to include discounts in the price or cost of goods. Rules, Definitions, 5(c).
The investigation revealed that the protested sign has been removed, but did not disclose any evidence of the identity of the individual or individuals who posted it. The Election Officer credits the statements of the employer representatives that the posting was done without employer knowledge or approval. Mr. Phillips has assured the Election Officer that he will maintain diligence to discover and remove any future anonymous postings.
Accordingly, the protest is RESOLVED.
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
Cathlene Thomas
October 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, D.C. 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
Julie E. Hamos, Regional Coordinator