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Office of the Election Supervisor for the International Brotherhood of Teamsters













October 23, 1996





Ken Mee

October 23, 1996

Page 1



Ken Mee

42356 Greenbrier Park Drive

Fremont, CA 94538


Chuck Mack, Secretary-Treasurer

Teamsters Local Union 70

150 Executive Park Boulevard

Suite 2900

San Francisco, CA 94134


Lou Marini, President

Teamsters Local Union 85

2660 Newhall Street, Suite 205

San Francisco, CA 94124

Ron Carey Campaign

c/o Nathaniel 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

Ken Mee

October 23, 1996

Page 1



Re:  Election Office Case No. P-979-LU85-CSF




Ken Mee, a member of Local Union 287 and a candidate for Western Region vice president, 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 Local Union 85 President Lou Marini has Hoffa campaign material displayed in his office, in violation of the Rules.  In addition, Mr. Mee claims that on September 16, 1996, Mr. Marini, while dispatching local union members at the local union hiring hall, made several statements which opposed incumbent general president Ron Carey’s re-election and supported general presidential candidate Jim Hoffa, Jr.  Mr. Mee also states that the Hoffa slate has embarked on a systematic routine of violating the election rules, alleging specifically that Chuck Mack has repeatedly campaigned without allowing the Ron Carey slate members equal access. 

Mr. Mee asks for a sweeping ruling against the Hoffa slate to restore fairness.


Ken Mee

October 23, 1996

Page 1



Mr. Marini denies the allegations, stating that he has never campaigned on union time or on union property.  However, he admits having Hoffa campaign material displayed in his office.


Adjunct Regional Coordinator Victoria Chin investigated this protest.


1.  Allegations Concerning Display of Campaign Materials in the Local Union


Mr. Marini admitted, and the investigation corroborated, that Mr. Marini has Hoffa campaign materials stored and displayed in his office.  Mr. Marini has a Hoffa campaign poster on the side of his desk, a framed photograph of himself and Mr. Hoffa on his desk, a bulletin board which has some Hoffa campaign buttons and a bumper sticker, and, hanging from his coat rack, is a Hoffa vest from the IBT Convention which has several Hoffa campaign buttons pinned to it.  Mr. Marini also has campaign materials on his desk from both general presidential candidates from the IBT Convention.


The investigation also revealed that Secretary-Treasurer Van Beane has a Hoffa poster taped to his desk, and a member of the Local Union 85 clerical staff, Patty Kunikoff, has an autographed Hoffa bumper sticker over her desk.


Article VIII, Section 11(c) of the Rules states, in relevant part, that


Union funds, facilities, equipment, stationery, personnel, etc., may not be used to assist in campaigning unless the Union is reimbursed at fair market value for such assistance, and unless all candidates are provided equal access to such assistance and are notified in advance, in writing, of the availability of such assistance.


The Election Officer has found that the display of campaign-related material in private offices on union premises is an impermissible use of union facilities in order to campaign and a violation of the RulesSee Yeakel, P-256-LU773-PNJ, P-257-LU773-PNJ (January 4, 1996) (use of wall in local union office to display photograph of opponent is a prohibited use of union facilities), affd, 96 - Elec. App. - 57 (January 23, 1996); Yeakel, P-762-LU773-PNJ (June 5, 1996) (display of campaign hats in local union office constitutes impermissible use of union resources).


The Election Officer finds that Messrs. Marini and Beane and Ms. Kunikoff violated the Rules.


After receipt of the protest, the Adjunct Regional Coordinator discussed the matter with Mr. Marini.  Mr. Marini has stated that he will do anything necessary in order to comply with the Rules.  Accordingly, the Adjunct Regional Coordinator informed Mr. Marini that all campaign materials would have to be removed from the office.  Mr. Marini agreed to remove, or cause to be removed, all the campaign materials.


Ken Mee

October 23, 1996

Page 1



2.  Allegation Concerning Campaigning on Union Time and on Union Premises


Mr. Steger also alleged that Mr. Marini campaigned for Mr. Hoffa while dispatching at the hiring hall.  Mr. Steger states that Mr. Marini denounced Mr. Carey, telling members that if Mr. Carey were re-elected the local union would be placed into trusteeship and that the only way to avoid this would be to vote for Mr. Hoffa.


Mr. Steger provided the names of two witnesses who wished to remain anonymous.[1]  Of the two witnesses, only one was present when this statement was allegedly made.  He did not hear the statements personally but others told him of the alleged statements.  In view of

Mr. Marini’s denial of the allegation and the fact that the evidence in support of the allegation is in the form of statements by anonymous witnesses with second-hand knowledge, the Election Officer finds that there is not enough evidence to support this allegation.


3.  Allegations of the Hoffa Slate’s “Pattern of Violations


With respect to Mr. Mees request for a general remedy against the Hoffa campaign, the Election Officer finds no basis on this record.  Mr. Mee alleges that [t]he slate headed by Jimmy Hoffa, Jr. has embarked on a systematic routine of violating the election rules, and his support for that allegation is his charge that Chuck Mack of Local 70 and JC-7 has repeatedly campaigned without allowing the Ron Carey slate members equal access. 


No member of the Hoffa slate is involved in this protest, including Mr. Mack.


Accordingly, the Election Officer finds that the protest is GRANTED as to the allegation regarding use of union resources to campaign and DENIED as to the allegation regarding campaigning on union time.


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.


The Election Officer orders the following:


1.  Mr. Marini and Local Union 85 shall cease and desist from displaying campaign materials in the local union hall.


Ken Mee

October 23, 1996

Page 1



2.  Mr. Marini is directed, within three (3) days of the date of this decision, to post the attached “Notice to Members of Local Union 85” on the bulletin boards at the local union.


3.  Within five (5) days of this decision, Mr. Marini shall file an affidavit with the Election Officer detailing his 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:


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

Victoria Chin, Adjunct Regional Coordinator










The Election Officer has found that I violated the Election Rules by displaying Hoffa campaign materials in my office.  Mr. Beane and Ms. Kunikoff were also found to have displayed campaign materials in their offices.  Displaying campaign material in local union offices is an improper use of union resources.


The local union does not endorse any candidate for International officer.  Campaign materials may not be displayed or stored in the local union hall.




Lou Marini, President

Local Union 85
















This is an official notice which must remain posted for 30 consecutive days and must not be defaced or altered in any manner or be covered with any other material.


Approved by Barbara Zack Quindel, IBT Election Officer.

[1]Two persons who spoke with the Election Officers investigators asked not to be identified, stating that they feared retaliation.  The Election Officer will not generally base or support the finding of a Rules violation on the testimony of unidentified witnesses, although such testimony may be used, as here, to illustrate the fact that insufficient supporting testimony could be found.