November 21, 1996
VIA UPS OVERNIGHT
James Smith
November 21, 1996
Page 1
James Smith
Teamsters Local Union 115
2833 Cottman Avenue
Philadephia, PA 19149
Ron Carey Campaign
c/o Nathaniel K. Charny
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
William Murphy
9242 Annapolis Road
Philadelphia, PA 19114
James Hoffa Campaign
c/o Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond,
Ferrara & Feldman
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334
James Smith
November 21, 1996
Page 1
Re: Election Office Case Nos. P-1195-LU115-PNJ
P-1212-LU115-PNJ
Gentlemen:
James E. Smith, a member of Local Union 115, filed two pre-election protests pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) alleging that supporters of the Hoffa campaign violated the Rules when they engaged in prohibited campaign activities on November 5 and November 10, 1996. In P-1195-LU115-PNJ, Mr. Smith alleges that on the evening of November 5, individuals acting on behalf of the Hoffa campaign affixed Hoffa campaign stickers to the front of Local Union 115’s union hall, in violation of the Rules. In P-1212-LU115-PNJ, Mr. Smith alleges that on November 10, individuals acting on behalf of the Hoffa campaign attempted to post Hoffa campaign materials on Local Union 115’s union hall and on public property in its immediate vicinity. He also alleges that they attempted to cover and deface Carey campaign materials previously posted in the local union hall’s vicinity. Mr. Smith further alleges that the Hoffa supporters engaged in threatening and intimidating behavior on November 10.
James Smith
November 21, 1996
Page 1
The Hoffa campaign responds that it has no knowledge of or involvement in either incident, and further responds that regarding the alleged November 10 incident, IBT members who support the Hoffa campaign are permitted, under the Rules, to engage in campaign activity in the vicinity of the Local Union 115 hall.
These protests were investigated by Regional Coordinator Peter V. Marks, Sr. Because these protests involve similar allegations and parties, they were consolidated for decision by the Election Officer.
The investigation of these protests revealed that the principal officer of Local Union 115, James P. Morris, is a candidate on the Ron Carey No Corruption-No Dues Increase Slate for the office of Eastern Region vice president.
1. P-1195-LU115-PNJ
On the morning of November 6, 1996, numerous Hoffa stickers were found affixed to the front of Local Union 115’s hall. In support of his protest, Mr. Smith submitted photographs of the hall showing the Hoffa stickers affixed to the building. Mr. Smith alleges that the type of stickers affixed to the local union hall are being distributed by the Hoffa campaign headquarters in Philadelphia, but he could provide no evidence as to the identity of the person or persons responsible for affixing the stickers to the local union hall. Investigation of this protest also failed to reveal any evidence as to the identity of the person or persons responsible for the November 6 incident.
The Election Officer finds that the affixing of the stickers to the union hall constituted vandalism. The Election Officer addressed the affixing of campaign stickers to the exterior of a local union hall in Willett, P-863-LU331-PNJ (August 16, 1996). The Election Officer characterized such behavior as vandalism and a violation of the Rules:
Article VIII, Section 11(a) protects the right of members “to support or oppose any candidate” of their choice. It also protects the right of members not to be involved in union politics if that is their decision. Using the [hall] to display one side’s campaign materials interfered with the Section 11(a) rights of all members of that local union who disagreed or wished to remain uninvolved. Using the hall for a campaign display also violated the prohibition in Article VIII, Section 11(c): “Union . . . facilities . . . may not be used to assist in campaigning . . .”
As was the case in Willett, there is no evidence as to the identity of the person or persons who put up the stickers at the local union hall. The Election Officer notes that in P-1212,
James Smith
November 21, 1996
Page 1
Mr. Smith alleges to know the identity of one of the Hoffa supporters involved in the activity complained of, and also attempts to characterize the November 10 incident as part of a “pattern of illegal campaigning,” for which the Hoffa campaign should be held responsible. The Election Officer finds, however, that no evidence has been presented or revealed that would link any individual or individuals involved in the November 10 incident to the the vandalism that occurred on October 5. Accordingly, the Election Officer is unable to attribute this incident of vandalism at the Local Union 115 hall to any specific person or persons, or to the Hoffa campaign.
2. P-1212-LU115-PNJ
In P-1212, investigation revealed that on November 10, a group of Hoffa supporters engaged in campaign activities in the immediate vicinity of the Local Union 115 hall. Their activities included putting up Hoffa stickers and posters in a fashion that obscured previously posted Carey materials. It appears that Carey supporters, including local union employees, objected to the Hoffa supporters’ activities, and heated words were exchanged.
Mr. Smith alleges that the Hoffa supporters:
. . . attempted to deface the Teamsters Local 115 building by posting Hoffa campaign material on and around the building, fences and windows of Local 115, . . . spray-painted Ron Carey campaign signs, and attempted to post Hoffa signs over the
Ron Carey signs. When Local 115 members advised them not to cover or paint the Ron Carey signs, the Hoffa team responded with threats and intimidating behavior.
Upon investigation, the Regional Coordinator found no evidence that the Hoffa supporters who campaigned in the vicinity of the local union hall on November 10 attempted
to affix posters or stickers to the union hall, or otherwise attempted to deface the building. Witnesses agree that a heated verbal exchange took place between the Carey and Hoffa supporters. However, there is no evidence that the Hoffa supporters engaged in behavior that was more threatening or more intimidating than that of the Carey supporters, or that their behavior constituted “retaliation or threat of retaliation,” under Article VIII, Section 11(f) of
the Rules.
The protested November 10 campaign activity was the unwelcome and aggressive posting of Hoffa campaign material in the immediate vicinity of the pro-Carey Local Union 115 hall. The November 10 incident presents a different set of circumstances than the vandalism that occurred on November 5. With respect to campaign activity by individual members, the Election Officer stated in Braga, P-795-LU439-CSF (June 19, 1996), that “[u]nion members who choose to post campaign materials on public utility poles or public signs existing along public streets or sidewalks are not engaging in conduct which is either protected or sanctioned by the Rules.” Whether or not such actions fall under proscriptions in state and/or local law is outside the scope of the Rules.
For the foregoing reasons, the protests are DENIED.
James Smith
November 21, 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, 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
Peter V. Marks, Sr., Regional Coordinator