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Office of the Election Supervisor for the International Brotherhood of Teamsters













September 25, 1996




Art Ramirez

September 25, 1996

Page 1



Art Ramirez

2376 S. Lenox

Milwaukee, WI 53207


James P. Hoffa

2593 Hounds Chase

Troy, MI 48098


Lawrence Brennan, President

Teamsters Joint Council 43

2801 Trumbull Avenue

Detroit, MI 48216

William T. Hogan, Jr.

219 Avondale

Palatine, IL 60067


C. Thomas Keegel, Secretary-Treasurer

Teamsters Local Union 544

2636 Portland Avenue, S.

Minneapolis, MN 55407


Paul Alan Levy

Public Citizen Litigation Group

1600 20th Street, N.W.

Washington, DC 20009

Art Ramirez

September 25, 1996

Page 1



Re:  Election Office Case No. P-964-IBT-EOH




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 Art Ramirez, a member of Local Union 344.  Mr. Ramirez protests the content of campaign literature printed on pages 43, 44, 57 and 58 of the September 1996 issue of The Teamster.  Mr. Ramirez alleges that candidates submitted the campaign literature to the Election Officer pursuant to the Rules to advance the candidacy of James P. Hoffa.  Mr. Ramirez argues that these persons are not real candidates, but have coordinated an effort to maximize Mr. Hoffa’s campaign exposure to IBT members through the magazine.  Mr. Ramirez also alleges that several persons who are on the “Hoffa No Dues Increase Slate” had declared themselves to be members of a “Western Region Slate.”  Mr. Ramirez argues that Article IX, Section 2(a) of the Rules prohibit candidates who declare their intent to run as a member of one slate to retract this declaration and join another slate.


Art Ramirez

September 25, 1996

Page 1



Mr. Hoffa responds that the candidates who are afforded the right to submit the campaign literature for The Teamster determine what materials advance their campaigns and that such campaign literature cannot be censored by the Election Officer.  Further, Mr. Hoffa states that the  Rules do not prohibit a slate from adding persons, which occurred here, and that the Western Region Slate fully complied with the Rules in doing so.  He also argues that the protest is untimely. 


This protest was investigated by Election Office Staff Attorney Patrick Plummer.


Article XIV, Section 2(b) of the Rules requires that all protests “must be filed within two (2) working days of the day when the protestor becomes aware of the action protested or such protests shall be waived . . .”


Mr. Ramirez states that he received his copy of The Teamster on either September 11 or 12.  Mr. Ramirez’s letter of protest was received by the Election Officer on September 13.  The September 1996 issue of The Teamster was printed pursuant to a schedule approved by the Election Officer, which estimates September 16, 1996, as the latest date that members would receive the magazine.  In consideration of the above, the Election Officer finds this protest has been timely filed.


Article VIII, Section 10(a) of the Rules grants nominated candidates for International office the right to publish campaign literature in the September 1996 issue of The Teamster.  In addition, the Election Officer has consistently held that the Rules neither prohibit nor regulate the content of campaign literature.  Rogers, P-518- LU373-SOU (February 21, 1991).  This policy of non-censorship applies to all campaign literature, including material submitted by nominated candidates, pursuant to Article VIII, Section 10(a) of the Rules.


The campaign literature appearing on pages 43 and 44 of the September issue of The Teamster was submitted by Lawrence Brennan, Coleman Davis and Terry Majka, candidates for International vice president.  The campaign literature appearing on pages 57 and 58 was submitted by Tom Keegel and Bill Hogan, candidates for secretary-treasurer.  Each of these individuals was nominated pursuant to provisions established by Article IV, Section 5(h) of the Rules.  Under the provisions of Article VIII, Section 10(a) of the Rules, each is entitled to have campaign literature published in The Teamster


In his brief, Mr. Ramirez quotes 1991 Election Officer Michael Holland from “The Cookbook:  How the Election Officer Supervised the 1991 Teamster Election.”  Mr. Ramirez states that a “magazine space problem” was identified by Mr. Holland in this Cookbook section  whereby nominated candidates who did not intend to remain on the ballot used their space in the magazine to support other candidates giving them additional space in the magazine beyond that contemplated by the Rules.  Recognizing that no rules were proposed or adopted for the 1996 election to restrict the use of magazine space by nominated candidates, Mr. Ramirez now states that the appropriate method to address the problem is through the protest process.  He is incorrect.


Art Ramirez

September 25, 1996

Page 1



The Rules were approved by the federal district court on August 22, 1995.  Prior to their submission to the court, hearings were held by the Election Officer to solicit members’ input on the Rules.  Thus, to the extent the Rules did not provide for a means of censoring the literature of candidates who did not intend to actually run for office, Mr. Ramirez was obligated to raise this issue and argue that a rule be included prior to the approval of the Rules.


The Election Officer has identified each page of campaign material with a tag line indicating the candidate or slate that submitted the material.  Insofar as the campaign material to which the protester objects was contained in space properly afforded to nominated candidates, the Rules were not violated. 


Mr. Ramirez also alleges that Article IX, Section 2(a) of  the Rules has been violated.  Article IX, Section 2(a) states that, “[o]nce a candidate declares his/her intent to run as a member of a slate, he/she may not retract such declaration.”


The Election Officer’s investigation shows that on December 13, 1995, a properly executed “Declaration of Affiliation With A Slate Form” was approved by the Election Officer.  The form was marked as an “original slate declaration.”  No slate name was indicated.  The form contained the names of the following persons:  Local Union 70 Secretary-Treasurer Chuck Mack; Local Union 763 Secretary-Treasurer Jon Rabine; Local Union 986 Recording Secretary Mary Lou Salmeron; Local Union 848 Secretary-Treasurer Jim Santangelo; and Local Union 222 Secretary-Treasurer Ralph Taurone.  The form listed Rick Middleton, Local Union 848, as the slate’s treasurer.


Three of the above-named individuals--Mr. Mack, Mr. Rabine, and Mr. Santangelo--were subsequently accredited by the Election Officer, pursuant to Article XI of the Rules.  As accredited candidates, Messrs. Mack, Rabine and Santangelo had their campaign literature printed in the March 1996 issue of The Teamster.  The Election Officer referred to these candidates for identification purposes as members of the “Western Region Slate.”


On July 30, 1996, a “Declaration of Affiliation With A Slate Form” was submitted to the Election Officer naming Ms. Salmeron and Messrs. Mack, Rabine, Taurone, Santangelo plus 20 other persons.  This slate declaration was marked as an “amended declaration/expansion of previously declared slate.”  The slate name, “Jim Hoffa-No Dues Increase Slate,” was provided.  The petition listed Mr. Middleton as slate treasurer.


Thus, the evidence and sequence of events demonstrates that Messrs. Mack, Rabine and Santangelo did not retract their original slate declaration as prohibited by the Rules.  Rather, the original slate declaration form filed by Messrs. Mack et al. was subsequently and properly amended to add persons to their slate.  Thus, Article IX, Section 2(a) of the Rules was not violated.


In consideration of the foregoing, Mr. Ramirez’s protest is DENIED.



Art Ramirez

September 25, 1996

Page 1



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.






Barbara Zack Quindel

Election Officer



cc:               Kenneth Conboy, Election Appeals Master