December 3, 1996
VIA UPS OVERNIGHT
James Smith, Jr.
December 3, 1996
Page 1
James Smith, Jr.
Teamsters Local Union 115
2833 Cottman Avenue
Philadelphia, PA 19149
Frank Gillen, President
Teamsters Local Union 500
1100-28 E. Lycoming Street
Philadelphia, PA 19124
Ed Keyser
Teamsters Local Union 500
1100-28 E. Lycoming Street
Philadelphia, PA 19124
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
James P. Hoffa Campaign
c/o Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond,
Ferrara & Feldman
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334
James Smith, Jr.
December 3, 1996
Page 1
Re: Election Office Case No. P-1291-LU500-NYC
Gentlemen:
James Smith, Jr., 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, the Hoffa campaign, Local Union 500, former Local Union 500 officer William O’Farrell and current Local Union 500 officers Frank Gillen and Ed Keyser. Mr. Smith alleges that members of Local Union 500 produced and distributed campaign literature that supports the candidacy of Mr. Hoffa and attacks the candidacy of John P. Morris, and which includes the unlisted telephone number of Mr. Morris. Mr. Smith alleges that the distribution of campaign literature containing
Mr. Morris’ unlisted telephone number is a violation of the Rules because it encourages people to harass Mr. Morris and to intrude upon his privacy and that of his family.
James Smith, Jr.
December 3, 1996
Page 1
Mr. Hoffa and the Hoffa campaign respond that neither Mr. Hoffa nor his campaign has any knowledge of the preparation or dissemination of the campaign leaflet complained of by Mr. Smith. Additionally, Mr. Hoffa and the Hoffa campaign deny any knowledge of any harassing telephone calls allegedly made to Mr. Morris.
Mr. O’Farrell admits that he is in possession of Mr. Morris’ unlisted telephone number, but denies that he has knowledge of or involvement in the production or distribution of the campaign leaflet, and further denies that he has knowledge of any harassing telephone calls allegedly made to Mr. Morris. All the parties charged by Mr. Smith deny that they have knowledge of or involvement in the production or distribution of the leaflet, and deny that they have knowledge of any harassing telephone calls allegedly made to Mr. Morris.
This protest was investigated by New York City Protest Coordinator Barbara C. Deinhardt.
Mr. Smith alleges that on November 22, 1996, members of Local Union 500 distributed copies of the protested leaflet at Local Union 500 shops. A copy of the leaflet provided by Mr. Smith to the Election Officer shows it to be a one-page campaign flyer, which refers to Mr. Morris as “Peewee Morris” and attacks his record as an International vice president. Mr. Smith did not offer the names of any individuals allegedly involved in the distribution. The leaflet also attacks the protester, Mr. Smith, as an employee and agent of Mr. Morris, and accuses Mr. Morris of “hiding out at his house and letting Jim Smith and Jerry Sheehan send out more of his anonymous smear sheets.” The flyer also states that
Mr. Morris “must be lonely hiding out at home, so as a public service we are providing his number . . .” The flyer makes it clear that it is providing Mr. Morris’ unlisted telephone number by stating that the number is “not in the book because it’s under Kenny Woodring’s name!”
The investigation did not reveal any evidence in support of Mr. Smith’s allegation that Mr. Hoffa, the Hoffa campaign, Mr. O’Farrell, Mr. Keyser or Mr. Gillen are responsible for the production and/or distribution of the leaflet.
Even if the source of the leaflet were identified, the protested flyer is campaign literature. The Election Officer has consistently held that the Rules “neither prohibit nor regulate the content of campaign literature.” Rogers, P-518-LU373-SOU (February 21, 1991). Rather, as the Election Officer has stated, “[t]he goal to be protected is free speech.” Newhouse, P-388-LU435-RMT (February 21, 1996). See Landwehr, P-201-LU795-MOI (November 15, 1995); Braxton, P-304-LU623-PHL (May 21, 1991) (“[t]he model for free and fair Union elections is that of partisan political elections . . . The cardinal principle is that the best remedy for untrue speech is more free speech, with the electorate being the final arbiter”).
James Smith, Jr.
December 3, 1996
Page 1
In his protest, Mr. Smith alleges that the inclusion of Mr. Morris’ unlisted telephone number in the campaign flyer nevertheless violated the Rules because it invited harassment of Mr. Morris. The fact that the inclusion of a telephone number, listed or unlisted, may result in calls that are unwelcome or disagreeable to their recipient does not automatically render the inclusion of that number a violation of the Rules.
Based on the foregoing, 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, 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
Barbara C. Deinhardt, New York City Protest Coordinator