October 7, 1996
VIA UPS OVERNIGHT
Ronald Schlim
October 7, 1996
Page 1
Ronald R. Schlim
38600 Northampton
Westland, MI 48185
Gary Proctor, President
Teamsters Local Union 124
2741 Trumbull Avenue
Detroit, MI 48216
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Jim Hoffa-No Dues Increase-
25-&-Out Slate
c/o Tom Pazzi
1959 E. Jefferson, Suite 4H
Detroit, MI 48207
Stand Up for Teamsters Slate
c/o Leroy Ellis, Jr.
10733 S. Western Avenue
Chicago, IL 60643
Ron Carey No Corruption-No Dues
Increase Slate
c/o Nathaniel K. Charny
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond,
Ferrara & Feldman, P.C.
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334
Ronald Schlim
October 7, 1996
Page 1
Re: Election Office Case No. P-970-LU124-MGN
Gentlemen:
Ronald Schlim, a member of Local Union 124, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”) alleging that members and trustees of Local Union 124 distributed campaign flyers, buttons and bumper stickers supporting James P. Hoffa, candidate for general president, at the Local Union 124 meeting on September 8, 1996.
Ronald Schlim
October 7, 1996
Page 1
Gary Proctor, Local Union 124 president, admits that the campaign materials were on a table in the room where the meeting was held, but states that the materials were there from an organizing meeting held in the same room before the local union meeting.
Regional Coordinator William A. Wertheimer, Jr. investigated this protest.
The Election Officer’s investigation revealed that on September 8, 1996, Local
Union 124 held its regular monthly meeting at the Teamsters facility on Trumbull Avenue, near Local Union 124’s offices. The meeting was held at 10:00 a.m.
The following facts are in dispute: Mr. Schlim states that on the sign-in table, as people entered the room, there were Hoffa campaign buttons, flyers and bumper stickers. He also stated that Hugh Crisp, Local Union 124 vice president, was standing nearby and telling people to help themselves to the materials.
Mr. Proctor admits that there were campaign materials on a table in the room where the meeting was held, but states that the materials must have been left over from a previously held campaign meeting, that the table was pushed aside by the time he entered the room and that he made no reference to it during the meeting.
Mr. Crisp states that Hoffa campaign materials were on the sign-in table as members walked into the room on the right hand side. He stated that he did not pay much attention to the materials when he entered the room and that he simply put the sign-in book down on the table, pushing the materials aside. While claiming that he wasn’t paying attention to the material and did not really look at it, Mr. Crisp then stated that he was sure there were Carey campaign materials on the table as well. He also states that no mention was made of the materials during the meeting, but that they did tell members to make sure that they voted and for them to vote their conscience.
In view of the evidence presented, the Election Officer credits the testimony of
Mr. Schlim. Mr. Proctor and Mr. Crisp’s statements conflicted. Mr. Proctor, who was interviewed on two occasions, states that he saw the Hoffa campaign materials. Mr. Crisp made the only reference to the presence of Carey materials, after claiming not to have paid attention to the material. The Election Officer finds that only Hoffa materials were on display and that reference to these materials was made during the meeting.
The Rules are designed to ensure that candidates have equal access and opportunity to campaign at local union meetings and functions, if campaigning is allowed at all. The Rules, at Article VIII, Section 5(a)(4), provide, in relevant part:
Ronald Schlim
October 7, 1996
Page 1
A Local Union shall not discriminate or permit discrimination in favor or against any candidate in conjunction with its meetings 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, literature distribution at meetings, literature distribution tables, etc.
Article VIII, Section 5(a)(4) of the Rules, which sets out non discrimination provisions, specifically applies to literature distribution tables. In this matter, Hoffa campaign materials were made available on a table near the entrance of the room. By only having campaign materials from one candidate and reference made to such materials during the meeting, the local union “discriminate[d] or permit[ted] discrimination in favor or against” a candidate, in violation of the Rules.
For the foregoing reasons, the protest is 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 order to provide similar access to the Jim Hoffa-No Dues Increase-25-&-Out Slate, the Ron Carey No Corruption-No Dues Increase Slate and the Stand Up for Teamsters slate, the Election Officer orders the following:
1. The Ron Carey No Corruption-No Dues Increase Slate and the Stand Up for Teamsters slate may provide campaign literature, buttons and bumper stickers to be distributed at the next Local Union 124 meeting at the sign-in table. Such campaign materials shall be delivered to the local union prior to the commencement of the next union meeting.
2. The Election Officer further directs Local Union 124 to make available for distribution the materials received from representatives of the Ron Carey No Corruption-No Dues Increase Slate and the Stand Up for Teamsters slate by placing such literature, buttons and/or bumper stickers at the sign-in table at the next local union monthly meeting.
3. Within two (2) days of this meeting, the principal officer of Local Union 124 shall file an affidavit with the Election Officer demonstrating compliance with this order.
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:
Ronald Schlim
October 7, 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, 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
William A. Wertheimer, Jr., Regional Coordinator