September 30, 1996
VIA UPS OVERNIGHT
Bob Knox & John Hasley
September 30, 1996
Page 1
Bob Knox
8149 Henry Ruff
Westland, MI 48185
John Hasley
2659 Parklawn Drive
Brighton, MI 48116
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Michigan Conference of Teamsters
Health and Welfare Fund
2700 Trumbull Avenue
Detroit, MI 48216
Lawrence Brennan, President
Teamsters Joint Council 43
2801 Trumbull Avenue
Detroit, MI 48216
Bob Knox & John Hasley
September 30, 1996
Page 1
Re: Election Office Case No. P-926-JC43-MGN
Gentlemen:
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 Bob Knox, a member of Local Union 1038, and John Hasley, a member of Local Union 299. The protesters allege that on September 2, 1996, the Michigan Conference of Teamsters Health and Welfare Fund (“Conference Fund”) allowed individuals supporting the candidacy of James P. Hoffa, a candidate for general president, to campaign on its premises during a Labor Day picnic, in violation of the Rules. During the investigation, Joint Council 43 was added as a charged party in this case.
The Conference Fund responds that Joint Council 43 rented its premises for the day in question and was, thus, responsible for any campaign activities allowed to go on at the picnic.
Both Joint Council 43 and the Hoffa campaign respond that campaigning in support of Mr. Hoffa’s candidacy did take place at the picnic, but that the Rules permit campaigning at such events.
Bob Knox & John Hasley
September 30, 1996
Page 1
Regional Coordinator William A. Wertheimer, Jr. investigated the protest.
The facts of this case are undisputed. Joint Council 43 rented space from the Conference Fund to hold a Labor Day picnic. Hoffa supporters campaigned at the picnic. There is no evidence to suggest that these supporters were formally invited to campaign at the picnic in a manner that would require reciprocity under the Rules. In addition, there is no evidence to demonstrate that supporters of Mr. Carey were prevented from campaigning at the event.
The Rules are designed to prevent campaigning at union membership meetings and during other union-sponsored activities. Thus, Article VIII, Section 5(a)(4) of the Rules reads, in relevant part:
(4) A Local Union shall not discriminate or permit discrimination in favor or against any candidate in conjunction with its meeting or otherwise. This requirement shall apply not only to formal presentations by or on behalf of candidates but also informal campaign activities, such as, for example, comments on candidates during meetings . . .
Article VIII, Section 5(a)(4) applies to local union “meetings or otherwise,” which includes social gatherings. Carbone, P-887-LU313-PNW (September 12, 1996). Access to campaign at a union-sponsored picnic, therefore, must be non-discriminatory.
Joint Council 43 was not required to provide notice to the Carey campaign that it would allow campaigning at its Labor Day picnic. Because the joint council allowed Hoffa supporters to campaign at the event, however, the joint council was required to allow Carey supporters to do the same if they wished. Because there is no evidence that Carey supporters attempting to campaign at the picnic were discriminated against, the fact that the joint council permitted the Hoffa supporters to campaign at the picnic does not violate the Rules.[1]
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:
Bob Knox & John Hasley
September 30, 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, 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
William A. Wertheimer, Jr., Regional Coordinator
[1]During the investigation, Carey supporters alleged that they were threatened and harassed at the joint council’s Labor Day picnic last year. These allegations, if true, do not demonstrate an intent to discriminate at the protested event in 1996, absent some more recent act to link the alleged activity to a present threat.