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Office of the Election Supervisor for the International Brotherhood of Teamsters













October 16, 1996





James Smith

October 16, 1996

Page 1



James Smith

Teamsters Local Union 115

2833 Cottman Avenue

Philadelphia, PA 19149


Ron Carey Campaign

c/o Nathaniel Charny

Cohen, Weiss & Simon

330 W. 42nd Street

New York, NY 10036

Bradley Raymond

Finkel, Whitefield, Selik, Raymond

Ferrara & Feldman

32300 Northwestern Highway, Suite 200

Farmington Hills, MI 48334

James Smith

October 16, 1996

Page 1



Re:  Election Office Case No. P-1027-LU401-PNJ




James Smith, a member of Local Union 115, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (Rules) against James P. Hoffa and Garland U.S. Range (Garland).  Mr. Hoffa is a candidate for general president in the pending International officer election.  Garland manufacturers commercial kitchen equipment and operates a plant in Freeland, Pennsylvania.  Local Union 401 represents some of Garlands employees. 


Mr. Smith alleges that Mr. Hoffa improperly campaigned within the premises of Garlands Freeland plant on September 24, 1996.  He further asserts that Garland improperly contributed to Mr. Hoffas campaign by allowing him to campaign on the production floor.


The protest was investigated by Regional Coordinator Peter V. Marks, Sr.


The facts are not disputed.  The September 25, 1996 issue of the Hazleton Standard-Speaker contains a photograph of Mr. Hoffa.  The caption under the photograph reads as follows:

James Smith

October 16, 1996

Page 1



HOFFA IN FREELAND - Teamsters union presidential hopeful Jimmy Hoffa recently made a campaign stop at the Garland plant in Freeland.  Hoffa, second from left, is with, from left, Garlands Senior Vice President Dale Kostick, Chief Steward Andy Goryl and Director of Human Relations Ted Ladner.


The protester became aware of this photograph and caption on September 27, 1996, and filed the protest on the same day.


The investigation discloses that Mr. Hoffa did campaign at Garlands Freeland plant on or about September 24, 1996.  Through the efforts of Mr. Goryl, a prior arrangement was made with Garland under which Mr. Hoffa would campaign in the parking lot at break time, which regularly occurs between 9:00 a.m. and 9:18 a.m.  Mr. Hoffas arrival was, however, delayed until after the break time had passed. 


When Mr. Hoffa arrived at the plant, he obtained special permission from the company president to walk through the plant and campaign, provided production was not interrupted. 

Mr. Hoffa was escorted through the facility by Mr. Kostick, Mr. Goryl and Mr. Ladner.  The visit continued for approximately 45 minutes.  Mr. Hoffa carried some leaflets and buttons with him and passed them out during the tour.


Garland has stated its willingness to allow Mr. Carey or his designated representative to tour its production facility under the same terms and conditions which applied to Mr. Hoffa.


The Election Officer recently held that [T]he Rules provide for only two forms of access for non-employees to employer premises:  (1) under the parking lot rule, which creates a limited right for non-employees to campaign in parking lots where members park their cars;[1] and (2) to other parts of employer premises if non-employees have had past access under a preexisting right or practice.[2]  Gasman, P-966-LU283-MGN (October 14, 1996);

James Smith

October 16, 1996

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Thomas, P-922-LU347-CHI (September 30, 1996); Hoffa, P-957-IBT-MGN (October 2, 1996), appeal pending.[3]


In addition to the parking lot access which Garland is obligated to provide under the Rules, Garland allowed Mr. Hoffa to arrive at a pre-announced and pre-arranged time, consistent with the regular employee break, on the condition that production not be interrupted.  Garland has offered Mr. Carey or his designee the same opportunity.  The protester does not allege the existence of a pre-existing right at Garland which permits campaigning by non-employees within employer premises.  Further, the protester is satisfied by Garlands offer to permit Mr. Carey or his designee to tour the premises on the same terms as Mr. Hoffa--a pre-announced visit continuing for no longer than 45 minutes, so long as production is not interrupted.


Accordingly, this protest is RESOLVED.


Within five (5) days of this decision, Mr. Carey or his designee should contact

Ted Ladner, director of Labor Relations at Garland, to arranged for the visit which has been agreed to in this decision.


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 Smith

October 16, 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.






Barbara Zack Quindel

Election Officer



cc:               Kenneth Conboy, Election Appeals Master

Peter V. Marks, Sr., Regional Coordinator




[1]Article VIII, Section 11(e)(iii) of the Rules states that a candidate for International office and any Union member within the regional area(s) in which said candidate is seeking office may distribute literature and/or otherwise solicit support in connection with such candidacy in any parking lot used by Union members to park their vehicles in connection with their employment in said regional area(s).

[2]Article VIII, Section 11(d) of the Rules states that no restrictions shall be placed upon candidates or members preexisting rights to solicit support, distribute leaflets or literature, conduct campaign rallies, hold fund-raising events or engage in similar activities on employer or Union premises.  Such facilities and opportunities shall be made available to all candidates and members on a nondiscriminatory basis.

[3]The Election Officer’s decision in Hoffa, P-957-IBT-MGN (October 2, 1996) was affirmed by the Election Appeals Master in In Re: Hoffa, 96 - Elec. App. - 252 (KC)

(October 15, 1996).