November 25, 1996
VIA UPS OVERNIGHT
Gerald Crouse et al.
November 25, 1996
Page 1
Gerald E. Crouse
11557 Barman Street
Culver City, CA 90230
Louise Valois
615 S. Prospect Avenue #208
Redondo Beach, CA 90277
Barry Mercer
5674 Windsor #306
Culver City, CA 90230
P. Diane Kelly
4945 Avenida de los Reyes
Yorba Linda, CA 92886
Ethan Zimmerman
924 N. Ivy Lane
Anaheim, CA 92801
Adrienne Everakes
19539 Los Alimos
Northridge, CA 91326
Jeannie Jacobson
1455 9th Street #23
Santa Monica, CA 90401
Michael J. Riley, Secretary-Treasurer
Teamsters Local Union 986
1616 W. 9th Street, Suite 300
Los Angeles, CA 90015
Gerald Crouse et al.
November 25, 1996
Page 1
Re: Election Office Case Nos. P-1220-LU986-CLA
P-1238-LU986-CLA
Gentlepersons:
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
Gerald E. Crouse, Louise Valois, Barry Mercer, P. Diane Kelly, Ethan Zimmerman,
Adrienne Everakes and Jeannie Jacobson, all members of Local Union 986. The protesters allege that the local union endorsed the Jim Hoffa-No Dues Increase-25 & Out Slate (“Hoffa slate”) in a mailing sent to local union members, in violation of the Rules.
Regional Coordinator Dolly M. Gee investigated the protests.
Gerald Crouse et al.
November 25, 1996
Page 1
In support of their protests, the protesters provided a copy of a letter addressed to “All Local 986 Members” from six officers of Local Union 986. The six individuals are identified by name and title in the letter. The letter clearly encourages recipients to vote for the Hoffa slate. At the bottom of each of the two pages of the mailing appear the words “(Printed and mailed as individuals at no cost to your Local Union).”
The Election Officer has previously held that union officers may identify their titles in campaign material without making an endorsement prohibited by the Rules. A review of the submitted literature does not indicate that the Hoffa slate was endorsed by the local union
or by the officers in their official capacities. The mere identification of the senders by
the appearance of their titles does not violate the Rules. See Hoffa, P-1113-IBT-MOI (November 11, 1996). The mailing, therefore, does not constitute an endorsement prohibited by the Rules.
Accordingly, the 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
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
Dolly M. Gee, Regional Coordinator