Protest Decisions

October 2, 1996

VIA UPS OVERNIGHT

Gene Maney & James P. Hoffa

October 2, 1996

Page 1

Gene Maney

32-43 49th Street

Long Island City, NY 11103

James P. Hoffa

2593 Hounds Chase

Troy, MI 48098

Ron Carey, General President

International Brotherhood of Teamsters

25 Louisiana Avenue, N.W.

Washington, DC 20001

Thomas Puccio, Trustee

Teamsters Local Union 295

435 Hudson Street, 4th Floor

New York, NY 10014

Frank Schulz, President

IATSE Local Union 52

326 W. 48th Street

New York, NY 10036

Joseph Byers, President

Teamsters Local Union 202

New York City Terminal Market

Room #9A

Hunts Points and E. Bay Avenue

Bronx, NY 10474

A. Bohrer Co.

50 Knickerbocker Road

Moonachie, NJ 07074

JJS Trucking

182-21 150th Avenue

Queens, NY 11413

Bradley T. Raymond

Finkel, Whitefield, Selik, Raymond

  Ferrara & Feldman, P.C.

32300 Northwestern Highway

Suite 200

Farmington Hills, MI 48334

Richard Brook

Nathaniel Charny

Cohen, Weiss & Simon

330 W. 42nd Street

New York, NY 10036

Gene Maney & James P. Hoffa

October 2, 1996

Page 1

Re:  Election Office Case Nos.              P-956-IATSE-NYC

P-1007-RCS-NYC

Gene Maney & James P. Hoffa

October 2, 1996

Page 1

Gentlemen:

Pre-election protests were filed pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”) by Gene Maney, a member and employee of Local Union 807, and James P. Hoffa, Jr., a member of Local Union 614 and candidate for general president.

In P-956-IATSE-NYC, Mr. Maney alleges that several trucks in the New York City Labor Day Parade on September 7, 1996, improperly carried pro-Hoffa campaign signs and other campaign material.  Specifically, he charges:  (1) that a truck carrying members of the Interna-tional Alliance of Theatrical and Stage Employees (“IATSE”) Local Union 52 displayed Hoffa placards on its front bumper; and (2) that a truck belonging to the A. Bohrer Co., accompanied by Local Union 202 members, displayed Hoffa placards on its side and a Hoffa bumper sticker; and (3) that a truck belonging to JJS Trucking or Sarcona Co., accompanied by Local Union 295 members, displayed a Teamsters Local 295 sign and a Hoffa placard on its side.  Mr. Maney lodges his protest against:  IATSE Local Union 52; its principal officer, Frank Shultz; Local Union 202; its principal officer, Joseph E. Byers; Local Union 295; its trustee, Thomas P. Puccio; the A. Bohrer Co.; JJS Trucking or Sarcona Co.; the Hoffa campaign; and persons then unknown.

In P-1007-RCS-NYC, Mr. Hoffa alleges that several trucks in the New York City Labor Day Parade improperly carried pro-Carey campaign signs.  In support of his protest, Mr. Hoffa submitted two photographs of trucks bearing Carey signs.  Mr. Hoffa did not know who took the pictures, the identity of the owners of the trucks, or when and how the pictures came into the possession of the Hoffa campaign.

With respect to Mr. Maney’s protest, Mr. Hoffa contends that it is untimely.  He further responds that neither he nor his campaign “has any knowledge whatsoever concerning the assertions in the protest.”  He states that his campaign should not be held responsible for the alleged conduct of unnamed persons, because, on September 6, 1996, it issued a memorandum to “all slate members, campaign staff, volunteers and supporters urging them to refrain from any defacement of private property with Hoffa campaign materials.”[1]

Also with respect to Mr. Maney’s protest, Local Union 202 responds that “we would like to bring to your attention the fact that there was considerable campaign activity being pursued by members of various Teamster Locals in and around and during the Labor Day Parade.  This campaigning was done on behalf of both Mr. Hoffa and Mr. Carey.”  The local union submitted two photographs of trucks in the parade that displayed Carey campaign signs.  One is a sanitation truck.  The other, a UPS truck, is the same truck as shown (from a different angle) in one of the two photographs submitted by Mr. Hoffa.

Gene Maney & James P. Hoffa

October 2, 1996

Page 1

These protests were investigated by New York City Protest Coordinator Barbara C. Deinhardt.

1.  Timeliness with respect to Mr. Maney’s Protest (P-956-IATSE-NYC)

New York City’s Labor Day Parade took place on Saturday, September 7, 1996. 

Mr. Maney faxed his protest to the Election Officer at 8:52 p.m. on September 10, according to the fax identification line at the top of the page.  The Election Officer logged the protest and stamped it “Received” on September 11.

Article XIV, Section 2(b) requires protesters to file “within two (2) working days of the day when the protestor becomes aware or reasonably should have become aware of the action protested.”  The protested events took place on a Saturday.  Therefore, the counting of two working days to file the protest started on Monday, September 9.  Mr. Maney’s faxed protest on Tuesday, September 10 was timely.

2.  Background

The use of trucks in the New York City Labor Day Parade is determined by Joint

Council 16 and participating local unions.  The Joint Council decides how many trucks a given local union may have, and the local union chooses the vehicles, based on the kind of work performed by local union members and the employers with which the local union has a good relationship.  The local union generally asks employers if they would like to have a truck or trucks in the parade, and the employers generally agree.

With respect this year’s parade, the investigation revealed substantial campaign activity by pro-Hoffa forces and pro-Carey forces.  Credible testimony has indicated that there were hundreds of Hoffa and Carey posters.  At times, the tension between the two sides rose to such levels that police were required to keep the sides apart.  According to one witness/attendee, “people were putting stickers on everything,” including other people.  During the investigation, the Election Officer also uncovered substantial and coordinated pro-Carey campaigning by Local Union 237’s contingent in the parade, led by local union president and Carey-slate candidate for Eastern Region Vice President Carroll “Carl” Haynes. 

It is important to note that most of the vigorous campaigning by many IBT members at the New York City Labor Day Parade was within the protection of the Rules.  The Rules provide that campaigning is a personal right of members.  The investigation of this protest revealed that many members at the parade wore campaign paraphernalia, carried signs, and otherwise demonstrated their political affiliations openly, vigorously, and peacefully.  Such activity is appropriate and protected by the Rules and plays no part in the findings of improper use of employer resources and improper local union endorsement on this record.

Gene Maney & James P. Hoffa

October 2, 1996

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While the Election Officer will proceed to examine the specific circumstances raised by these two consolidated protests, as well as the campaigning led by Mr. Haynes, the larger context is the substantial campaign activity engaged in by Hoffa forces and Carey forces alike during the parade.  The remedy for the violations found will be formulated in recognition of this larger context.

3.  Affixing Campaign Material to Trucks/Local Union Endorsement

A.  The truck sponsored by IATSE Local Union 52

Mr. Maney states that he saw the truck sponsored by IATSE Local Union 52 at about the intersection of Fifth Avenue and 46th Street.  He states that it displayed an IATSE Local Union 52 banner, a poster on the front of the cab that read “Transportation by Theatrical Teamsters 817,” and two “Hoffa ‘96 Restore Teamster Pride” posters. 

Mr. Maney’s testimony is corroborated by a photograph of the truck in the parade.  The body of the truck is draped in red, white, and blue bunting, and the IATSE Local Union 52 logo is located on the top of the front of the body.  The Teamsters Local Union 817 sign covers the center of the grill above the bumper.  The Hoffa campaign posters flank that sign, on the front bumper.  Investigation revealed that the use of the truck was donated to IATSE Local Union 52 by PictureCars.

Article XII, Section 1(b) of the Rules, in pertinent part, prohibits the contribution, “directly or indirectly, [of] anything of value, where the purpose, object or foreseeable effect of the contribution is to influence, positively or negatively, the election of a candidate.”  This prohibition applies to any “employer,” whether or not an employer of IBT members.[2]  Under the Rules, as under Section 401(g) of the Labor-Management Reporting and Disclosure Act, knowledge on the part of an employer that its resources are being used in such a fashion is not an element of the contribution violation.  See Feeley, P-874-LU817-MGN (September 17, 1996).

The display of campaign placards on an employer-owned vehicle is a campaign contribution.  Accordingly, the Election Officer finds that the Rules were violated by the PictureCars as the supplier of the truck and by IATSE Local Union 52 as the sponsor of the truck in the parade.

B.  The A. Bohrer Co. truck

Also in the vicinity of 46th Street, Mr. Maney states that he saw the Local Union 202 contingent.  He further states that they were accompanying a refrigerated food truck lettered with the company name “A. Bohrer & Associated Companies” and displaying a “Hoffa ‘96 Restore

Gene Maney & James P. Hoffa

October 2, 1996

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Teamsters Power” sign on the side and a “Hoffa & DeSanti Restore Teamster Power” bumper sticker on the back door.  Local Union 202 President Joseph Byers was riding in the truck.

Mr. Maney contends that he approached Mr. Byers, pointed to the pro-Hoffa sign, and said, “You should be ashamed of yourself.”  Mr. Maney states that Mr. Byers shrugged his shoulders.

Mr. Byers responds that there were no Hoffa campaign materials on the truck when he first arrived but admits that such material later appeared.  He states that Local Union 804 member Tom Feeley approached him during the parade and asked to put Carey stickers on the truck.  Mr. Byers states that he agreed and later saw several small Carey stickers on the back.  He contends that Mr. Feeley later complained to him again about the Hoffa signs, at which time

Mr. Byers saw that the Carey stickers on the back of the truck were gone.  Mr. Byers states that he subsequently put a Carey sticker on the truck himself, after Mr. Feeley suggested that he do so.

The Election Officer has examined photographs of the A. Bohrer truck in the parade, which show the Hoffa campaign sign and the Hoffa/DeSanti bumper sticker.  The Election Officer credits Mr. Byers’ testimony that he permitted Carey campaign material to be placed on the truck and that he put a Carey sticker on the truck himself.  Accordingly, the Election Officer finds that the truck was used for campaigning, in violation of the prohibition in the Rules on campaign contributions by employers.  The Election Officer further finds that Local Union 202 improperly contributed to both the Hoffa and Carey campaigns by permitting campaign material to be affixed to the truck sponsored by it.  Mr. Byers should not have permitted any campaign material to appear on the truck at all.

C.  The JJS Trucking/Sarcona truck

Mr. Maney also states that in the 46th Street area he saw a truck displaying Hoffa campaign material and a Local Union 295 banner.  The truck cab was lettered “JJS Trucking,” and the body bore the name “Sarcona.”  He states that a “Hoffa ‘96 Restore Teamsters Power” was affixed to the left side of the truck body, and another Hoffa sign was affixed to the right side.

The Election Officer has examined photographs of the truck, which show the Hoffa placard on the front of the left side of the truck, underneath the Local Union 295 banner.  Smaller Local Union 295 signs are attached to the left side of the cab.  The investigation revealed that JJS Trucking and Sarcona Co. are sister companies and that the use of the truck was donated to Local Union 295 at the local union’s request.  The Election Officer finds that JJS Trucking/Sarcona Co. and Local Union 295 made improper campaign contributions.

D.  Campaigning by the Local Union 237 contingent

Gene Maney & James P. Hoffa

October 2, 1996

Page 1

During the investigation of this protest, the Election Officer was presented with photographs of Local Union 237’s contingent in the Labor Day Parade, led by local union President Haynes.  Mr. Haynes is a candidate for Eastern Region Vice President on the Carey slate.  Two of the photographs show Local Union 237’s parade float.  Attached to both sides are campaign signs that read,

Local 237 Teamsters Supports

Ron Carey

President

Carl Haynes

Vice President

“Putting Members First”

Another photograph shows Mr. Haynes and two other local union officials gathered with local union members before the parade began.  At least five members are holding the signs just quoted.  Another photograph shows Mr. Haynes with several other members, at least two of whom are holding such signs.  Another photograph shows Mr. Haynes leading the Local Union 237 contingent in the parade.  At least three such signs are visible, as well as several Ron Carey

Slate ‘96 signs.

The wording of the sign, quoted above, indicates a violation of Article VIII, Section 11(b) of the Rules, which prohibits local union endorsements:  “The Union or a Local Union as such or the General Executive Board or an Executive Board of a Local Union as such may not endorse or otherwise advance a candidacy, even if all members agree on the endorsement or candidacy.”  The signs state that “Local 237 Teamsters supports” Messrs. Carey and Haynes.  The Election Officer finds that proliferation of such signs on the local union float and among the local union contingent, along with the presence of Mr. Haynes as the local union’s principal officer, indicates an improper endorsement of Messrs. Carey and Haynes by the local union.

E.  The trucks involved in Mr. Hoffa’s protest and Local Union 202’s response

In P-1007-RCS-NYC, Mr. Hoffa submitted two photographs, each showing a truck displaying Carey campaign signs.  One is of a modern truck with two “Ron Carey Slate ‘96 Putting Members First” signs on sticks attached to the front bumper.  The other is of a vintage truck on a trailer.  A sign attached to the side identifies it as a UPS truck.  A narrow “Ron Carey Slate ‘96” sign on a stick is affixed to the grill.  The back of this vintage truck is visible in front of the modern truck in the other photo.  Mr. Hoffa states that the photographs were taken at the New York City Labor Day Parade, although he is unable to identify the photographer or state how his campaign came into possession of them.

In Local Union 202’s response to Mr. Maney’s protest, Mr. Byers submitted two photographs taken at the parade, one of which shows the modern truck pictured in one of

Mr. Hoffa’s photographs.  The truck belongs to UPS.  The other photo submitted by Mr. Byers shows a sanitation truck with two “Ron Carey Slate ‘96” signs attached to the front.

The Election Officer finds that all three trucks shown in these photographs were part of the Labor Day Parade.  The owner of the sanitation truck is unidentified.  The Election Officer

Gene Maney & James P. Hoffa

October 2, 1996

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finds that UPS violated the Rules through the appearance of campaign material on trucks owned by it.

The Election Officer has addressed the problem of campaign material affixed to employer and local union property in several decisions.  In Willett, P-863-LU331-PNJ (August 16, 1996), the newly painted exterior of a local union hall was affixed with campaign stickers.  The Election Officer found that to be vandalism and ordered all International officer candidates to take reasonable measures to ensure that their supporters do not put campaign material on private property. 

In Feeley, P-874-LU817-MGN (September 17, 1996), the Election Officer addressed a pattern of campaign material appearing on employer-owned and employer-supplied trucks driven by IBT members belonging to a certain local union.  She stated:

Article VIII, Section 11 of the Rules provides that “All Union members retain the right to participate in campaign activities, including the right to . . . support or oppose any candidate, to aid or campaign for any candidate, and to make personal campaign contributions.”  As the Election Officer made clear, however, in Phelan, P-711-LU550-NYC (April 23, 1996), aff’d, 96 - Elec. App. - 184 (KC) (May 6, 1996), “[t]he Rules protect campaigning as a personal right of IBT members and require that it be exercised that way.”  See Hoffa, P-812-IBT-NYC (August 16, 1996).  Therefore, the Rules strictly prohibit IBT members, whether union officials or rank-and-file, from appropriating union or employer property in order to make personal campaign statements.  Nothing in Article VIII or any other article of the Rules authorizes members to affix campaign material to employer-owned or employer-supplied trucks, trailers or other equipment under the circumstances presented here.

Those instances of affixing placards or stickers to employer vehicles at the New York City Labor Day Parade discussed above involved “appropriating . . . employer property in order to make personal campaign statements.”  Employer resources or property do not belong to candidates or members and cannot be used by them to campaign.  The Rules protect and encourage the involvement of IBT members in “fair, honest, open and informed elections.”  Article I.  The Rules do not permit the injection of potential, unfair advantage through the use of resources or property not belonging to the members.

When Mr. Byers was interviewed by the Election Officer’s investigator, he stated that he was reluctant to remove campaign material from the truck sponsored by Local Union 202, because he did not want to “violate members’ right of freedom of speech.”  As stated above, the right of members to campaign is a personal right and may not involve employer property.  All such material should have been removed.

Gene Maney & James P. Hoffa

October 2, 1996

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Although the Election Officer finds that the affixing of campaign material to employer trucks results in an improper employer contribution under the Rules, the Election Officer recognizes that many employers do not have an effective way to monitor or control such activity.  In this matter, employers contributed the use of their trucks for the holiday parade at the request of the local unions.  It was the responsibility of the local unions to ensure that the trucks were used properly under the Rules.

Local Union 237 also violated the Rules by endorsing Messrs. Carey and Haynes.  Campaigning is personal business, not institutional business.  The personal campaign right of members is violated when a local union purports to speak for them.  This separation between personal and institutional business is so important to the conduct of a fair election that the Rules prohibit institutional endorsements “even if all members agree on the endorsement or candidacy.”  Article VIII, Section 11(b).

For the foregoing reasons, the protests are 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. 

In this matter, the Election Officer finds that the substantial, permissible campaigning by pro-Carey and pro-Hoffa forces at the New York City Labor Day Parade diluted any effect of the violations uncovered during the investigation of these protests.  Therefore, the Election Officer finds that the violations that occurred did not, in context, have a potential for affecting the International officer election.  Furthermore, labor day parades are a special event that will not be repeated before the International officer election.  In order to address the specific violations found on this record, and in order to decrease the incidence of improper use of employer property and remedy the improper endoresment that occurred, the Election Officer orders the following:

(1) Within three (3) days of the date of this decision, all local unions within Joint Council 16 shall distribute the attached “Notice to Local Union Officers, Stewards, and Business Agents.”  Each local union subject to this order shall, within three (3) days after its distribution is complete, file an affidavit with the Election Officer showing compliance with this order.

(2) Local Union 237 shall cease and desist from endorsing any candidate in the International officer election.

(3) Local Union 237 shall print the attached “Notice to Local Union 237 Members” on the first page of its next newsletter, “Newsline.”  The notice shall be surrounded by a border, and no other text or graphic shall refer to it.  Local Union 237 has agreed to print this notice in the October issue of “Newsline.”

Gene Maney & James P. Hoffa

October 2, 1996

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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

Barbara C. Deinhardt, New York City Protest Coordinator

Stand Up for Teamsters Slate

NOTICE TO ALL LOCAL UNION OFFICERS,

STEWARDS, AND BUSINESS AGENTS

FROM THE IBT ELECTION OFFICER

Re:                            Improper use of employer and local union property and other resources

The Election Officer is issuing this notice to clarify your role in making sure that members do not misuse employer property and resources during the International officer election.

The Election Rules protect campaigning as a personal right of members.

Employer resources or property do not belong to members and cannot be used by them to campaign.

Putting International officer campaign material on employer property, or using employer resources in order to campaign, violates the Election Rules. 

You are hereby instructed to stop such activity if you see it and to remove any International officer campaign material from employer property when you find it.

Date                                                                                                                Barbara Zack Quindel

Election Officer

TO ALL MEMBERS OF LOCAL UNION 237

FROM CARL HAYNES, PRESIDENT

During the New York City Labor Day Parade, signs were put on Local Union 237’s float and carried by members, which said that Local Union 237 supports two candidates in the International officer election.  Such endorsements violate the Election Rules.

Local Union 237 does not endorse any candidate in the International officer election.

Approved by Barbara Zack Quindel, IBT Election Officer.