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Office of the Election Supervisor for the International Brotherhood of Teamsters

              November 14, 1996

 

 

VIA UPS OVERNIGHT

 


Colin Jette

November 14, 1996

Page 1

 

 

Colin Jette

8250 Amberwood Place

Burnaby, BC  V5A 3V2

 

Gary McKenzie, Plan Administrator

Teamsters Local 31-Transport, Health

  and Welfare Trust Plan

4664 Lougheed Highway, Suite 170

Burnaby, BC  V5C 5T5

 

Ron Carey Campaign

c/o Nathaniel K. Charny

Cohen, Weiss & Simon

330 W. 42nd Street

New York, NY  10036


Garnet Zimmerman, President

Teamsters Local Union 31

1 Grosvenor Square

Delta, BC  V3M 5S1

 

Tom Baldwin, President

Teamsters Local Union 880

6566 Hawthorne Drive

Windsor, ON  N8T 1J9

 

James Hoffa Campaign

c/o Bradley T. Raymond

Finkel, Whitefield, Selik, Raymond,

  Ferrara & Feldman, P.C.

32300 Northwestern Highway, Suite 200

Farmington Hills, MI  48334


Colin Jette

November 14, 1996

Page 1

 

 

Re:  Election Office Case No. P-1178-LU31-CAN

 

Gentlemen:

 

Colin Jette, a member of Local Union 31, 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) alleging that the Teamsters Local 31-Transport, Health and Welfare Trust Plan (Trust Plan), an employer, made an improper campaign contribution to the Jim Hoffa-No Dues Increase-25 & Out Slate (Hoffa slate) and its two candidates for

vice president of Teamsters Canada--Local Union 31 President Garnet Zimmerman and

Local Union 880 President Thomas Baldwin.  Specifically, the protester alleges that Zimmerman/Baldwin/Hoffa campaign materials were prominently displayed at the Trust Plans building, thereby giving members the impression that the Trust Plan supports those candidates.  Mr. Jette lodges his protest against Messrs. Zimmerman and Baldwin and the Hoffa campaign.


Colin Jette

November 14, 1996

Page 1

 

 

Regional Coordinator Gwen K. Randall investigated this protest.

 

The investigation revealed that the Trust Plan employs four members of Local

Union 31.  Local Union 31 members stop by the offices of the Trust Plan to pick up disability checks.  The Trust Plan estimates it has about four members stopping in Mondays through Thursdays, but that the number rises to about 15 on Fridays.  For at least three weeks prior to this protest, substantial quantities of Zimmerman/Baldwin/Hoffa campaign materials were available for pick-up on the front counters in the Trust Plans offices in Burnaby, British Columbia.  Those materials included:  (1) a large stack of newspaper-type materials supporting the Zimmerman/Baldwin/Hoffa campaign; (2) a stack of campaign cards supporting these candidates; (3) a stack of campaign bumper stickers supporting these candidates; (4) a stack of 810-inch autographed photographs of James P. Hoffa; and (5) a stack of eight-page letters containing profiles of the members of the Zimmerman/Baldwin/Hoffa campaign and minutes of a meeting at which Teamsters Canada President Louis Lacroix and vice president candidate Charles Thibault were present, where the issue of seceding from the International union was discussed.[1]

 

The investigation also revealed that a four-page newsletter opposing the Hoffa campaign was also available, in which shop stewards from Local Union 31 were critical of Messrs. Zimmerman and Hoffa.  A Carey campaign sticker was stuck to a wall near the campaign material but was reported to have been quickly removed.

 

Article XII, Section 1(b)(1) of the Rules provides:

 

No employer may contribute, or shall be permitted to contribute, directly or indirectly, anything of value, where the purpose, object or foreseeable effect of the contribution is to influence, positively or negatively, the election of a candidate.  No candidate may accept or use any such contribution.  These prohibitions are not limited to employers that have contracts with the Union; they extend to every employer, regardless of the nature of the business . . . These prohibitions extend beyond strictly monetary contributions made by an employer and include contributions or use of employer stationery, equipment, facilities and personnel.

 

The term employer is defined under the Rules to include any individual, corporation, trust, organization or other entity that employs another, paying monetary or other compensation in exchange for that individuals services . . .  Rules, Definitions (p. xvi).

 


Colin Jette

November 14, 1996

Page 1

 

 

The Trust Plan is an employer, under the Rules.  Thus, the Election Officer finds that it violated Article XII, Section 1(b)(1) by making the large quantity of Zimmerman/Baldwin/ Hoffa material available in its offices, as well as the small quantity of the steward newsletter opposing theses candidates.

 

As provided in the section of the Rules quoted above, [n]o candidate may accept or use any such [employer] contribution.  Article XII, Section 1(b)(9) further provides, in relevant part, that [c]andidates are strictly liable to insure that each contribution received is permitted under the Rules.  Strict liability encourages International officer candidates to monitor their supporters.  These provisions were violated by the campaigns of all candidates supported by materials that the Trust Plan was making available in its offices.

 

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.

 

The Election Officer orders the following:

 

1.  The Trust Plan shall immediately cease and desist from making available any campaign material or making any other contributions to candidates for International office.  On the date of receipt of this decision, it shall remove all campaign materials which are available for distribution at its offices.

 

2.  Within two (2) days of the date of this decision, the Trust Plan shall post the attached Notice to Local Union 31 Members on the wall in its offices in the immediate vicinity of where it previously made campaign materials available.  Within two (2) days of the date of posting of the Notice, the Trust Plan shall file an affidavit with the Election Officer demonstrating its compliance with this order.

 

3.  Within two (2) days of the date of this decision, Local Union 31 shall post the attached Notice on all bulletin boards at the local unions offices.  Within two (2) days of the date of posting the Notice, Local Union 31 shall file an affidavit with the Election Officer demonstrating its 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:

 


Colin Jette

November 14, 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

Gwen K. Randall, Regional Coordinator


 

 

 

 

 

 

NOTICE TO LOCAL UNION 31 MEMBERS

 

 

The Election Rules prohibit employers from making campaign contributions to International officer candidates.  That prohibition includes distributing the campaign material of such candidates or endorsing them.

 

The Election Officer has found that the Teamsters Local 31-Transport, Health and Welfare Trust Plan violated the Election Rules by distributing campaign materials in these offices. 

 

The Teamsters Local 31-Transport, Health and Welfare Trust Plan will not distribute campaign material for any International officer candidate.

 

The Teamsters Local 31-Transport, Health and Welfare Trust Plan does not endorse any International officer candidate.

 

 

 

 

_________________________                                          ______________________________

Date                                                                                                  Gary McKenzie, Plan Administrator

Teamsters Local 31-Transport,                                                                                                     Health and Welfare Trust Plan

 

 

 

 

 

 

 

 

This is an official notice which must remain posted until December 10, 1996, 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]Mr. Thibault is a candidate on the Ron Carey No Corruption-No Dues Increase Slate.