Protest Decisions

              September 23, 1996

VIA UPS OVERNIGHT

James P. Hoffa

September 23, 1996

Page 1

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

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

John Sullivan, Associate General Counsel

International Brotherhood of Teamsters

25 Louisiana Avenue, N.W.

Washington, DC 20001

James P. Hoffa

September 23, 1996

Page 1

Re:  Election Office Case No. P-996-LU436-CLE

Gentlemen:

James P. Hoffa, a member of Local Union 614 and candidate for general 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 the IBT is improperly sponsoring a campaign rally to promote the re-election of General President Ron Carey.  The event is advertised as a Teamsters voter registration picnic relating to the U.S. presidential election in November, at which Mr. Carey is scheduled to speak.  The protest is filed against the IBT,

Mr. Carey, the Carey campaign, and Local Union 436.

The protest was investigated by Regional Coordinator Joyce Goldstein.

The basis for Mr. Hoffa’s protest is a flyer advertising a Local Union 436 event to be held in Valley View, Ohio on September 29, 1996.  The flyer describes the event as follows:

James P. Hoffa

September 23, 1996

Page 1

              TEAMSTER FAMILY PICNIC

              Join Teamster General President

              Ron Carey for this very special event:

* hear about plans by politicians to end over-time pay -- and how we’re fighting back.

* Get registered to vote to help protect your job and your family -- and learn how to register your friends.

              [The date and location of the event are set out]

              TEAMSTERS VOTE.

In addition, the flyer promises typical picnic fare, including free food and drink, hats, free pony rides, cotton candy, and clowns.

In Hoffa, P-925-IBT-MGN (September 20, 1996), the protester similarly alleged that a voter registration picnic and rally that the IBT held on September 2, 1996, in conjunction with Joint Council 13 and Local Union 610, constituted a campaign rally for Mr. Carey, who was the featured speaker.  The Election Officer denied all aspects of the protest except for a finding that the person who introduced Mr. Carey improperly alluded to the International Officer election.[1]  The Election Officer did not find that the voter registration event itself, or Mr. Carey’s participa-tion in it, constituted campaigning.

The Rules are designed to prevent campaigning at union membership meetings.  The Rules, at Article VIII, Section 5(a), in relevant part, read as follows:

(3) The Local Union need not allot time for campaigning during any of its meetings.  However, if campaigning during such meetings is permitted, the Local Union shall notify all candidates for the positions for which such campaigning will be permitted of the opportunity to speak at least five (5) days prior to the meeting and shall divide the time equally between those candidates (or the candidates’ credentialed representatives) who request an opportunity to speak.  The order of appearance shall be determined by lot.

James P. Hoffa

September 23, 1996

Page 1

(4) A Local Union shall not discriminate or permit discrimination in favor or against any candidate in conjunction with its meeting 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 . . .

Article VIII, Section 5(a)(3) of the Rules, which sets out the notice requirements for campaigning during local union meetings, does not apply to informal social gatherings.  However, Section 5(a)(4) applies to local union “meetings or otherwise,” which includes social gatherings.  It does not violate the equal access provisions of the Rules for a candidate to attend a local union meeting or function if campaigning does not take place.  Carbone,

P-887-LU313-PNW (September 12, 1996).

Campaigning has been defined by the Election Officer as “advocacy for or against a candidate.”  Giacumbo, et al., P-001-IBT-PNJ, et seq., (September 29, 1995), aff’d in relevant part, 95 - Elec. App. - 32 (KC) (November 1, 1995); See also Caffrey, P-047-JC16-NYC (October 19, 1995). 

None of the activities listed on the protested flyer constitute “advocacy for or against a candidate” in the International officer election.   The advertised event is a voter registration picnic related to the U.S. presidential election, which does not inherently violate the Rules.  Hoffa, supra. 

If the protester or any other member believes that improper campaigning does happen at the picnic when the event actually takes place, the matter may then be raised and tested by a timely protest.  See Pacheco, P-578-LU222-RMT (March 18, 1996) (risk of future improper use of membership information by local union officers does not violate rules; specific actions may be raised and tested by protest when they occur); Hill, P-409-LU89-SCE (March 13, 1996) (potential for future campaigning at union meetings does not state violation; protest may be filed if improper campaigning occurs).

For the foregoing reasons, this protest is DENIED.

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

James P. Hoffa

September 23, 1996

Page 1

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

Joyce Goldstein, Regional Coordinator