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Office of the Election Supervisor for the International Brotherhood of Teamsters

              October 7, 1996





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




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

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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 Officers 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 124s 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 wasnt 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. Crisps 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

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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 RulesIn 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.






Barbara Zack Quindel

Election Officer



cc:               Kenneth Conboy, Election Appeals Master

William A. Wertheimer, Jr., Regional Coordinator