This website uses cookies.
Office of the Election Supervisor for the International Brotherhood of Teamsters

 

 

 

 

 

 

 

 

 

 

 

 

              November 13, 1996

 

 

VIA UPS OVERNIGHT

 


Tom Feeley

November 13, 1996

Page 1

 

 

Tom Feeley

34-21 Review Avenue

Long Island City, NY  11101

 

Ron Carey Campaign

c/o Nathaniel Charny

Cohen, Weiss & Simon

330 W. 42nd Street

New York, NY  10036


James P. Hoffa

2593 Hounds Chase

Troy, MI  48098

 

Bradley T. Raymond

Finkel, Whitefield, Selik, Raymond,

  Ferrara & Feldman, P.C.

32300 Northwestern Highway, Suite 200

Farmington Hills, MI  48334


Tom Feeley

November 13, 1996

Page 1

 

 

Re:  Election Office Case No. P-1187-LU804-NYC

 

Gentlemen:

 

A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (Rules) by

Tom Feeley, a member of Local Union 804.  Mr. Feeley alleges that the campaign of

James P. Hoffa received an employer contribution when a banner supporting his candidacy was hung from an employer-owned railroad trestle, in violation of the Rules.

 

The investigation revealed that the trestle is owned by Conrail.  The employer does not deny that the protested banner was hung from its trestle.  Conrail responds, however, that this display was placed there without its knowledge or consent.

 

The Hoffa campaign denies any knowledge of this banner.

 

New York City Protest Coordinator Barbara C. Deinhardt investigated the protest.

 


Tom Feeley

November 13, 1996

Page 1

 

 

The investigation revealed that on November 1, 1996, a large, pro-Hoffa banner was discovered hanging from a railroad trestle affixed to a building at 10th Avenue and 15th Street in New York City.  Both the Hoffa campaign and Conrail state that they have no knowledge of who suspended this banner from the trestle.  According to witnesses, the banner hung from the trestle for several weeks.

 

The investigation revealed that the protested banner has now been removed, but did not disclose any evidence of the identity of the individual or individuals who posted it.  The Election Officer credits the statements of the employer representatives that the posting was done without employer knowledge or approval.  The employer has stated that it will remove future campaign postings.  Accordingly, the Election Officer determines that the protest is RESOLVED as to Conrail.

 

Article XII, Section 1(b)(9) of the Rules provides, Candidates are strictly liable to insure that each contribution received is permitted under the Rules.  The Election Officer has found that the benefitted candidate is strictly liable.  Pratt, P-469-LU966-NYC (April 2, 1996), affd, 96 - Elec. App. - 168 (April 15, 1996). 

 

Regarding the candidates liability, the Election Appeals Master has stated:

 

Under [Article XII, Section 1(b)(9) of] the Rules, all candidates are strictly liable for the receipt of any improper contributions, whether or not solicited, and whether or not specifically known.  This is an essential rule in the administration of an election procedure as complex and protracted as we are dealing with here.  Indeed, national candidates for political office at the congressional and presidential level are routinely sanctioned for the improper use of campaign contributions, even when specific intent and personal knowledge are absent.

 

Under this standard, the Hoffa campaign received a benefit from a use of employer resources, in violation of the Rules.

 

Accordingly, 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 is aware of the efforts of the Hoffa campaign to prevent such violations.  The Election Officer directs that the Hoffa campaign cease and desist from any future acceptance of employer campaign contributions.  The Hoffa campaign must be vigilant and remove any signs that campaign workers see.

 

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).


Tom Feeley

November 13, 1996

Page 1

 

 

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, D.C. 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

Barbara C. Deinhardt, New York City Protest Coordinator