January 21, 1997
VIA UPS OVERNIGHT
Rick Middleton
January 21, 1997
Page 1
Rick Middleton, President
Teamsters Local Union 848
9960 Baldwin Place
El Monte, CA 91731
Jim Santangelo, Secretary-Treasurer
Teamsters Local Union 848
9960 Baldwin Place
El Monte, CA 91731
Bruce D. Blake
1101 West Road
La Habra Heights, CA 90631
Ron Carey, General President
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
John Sullivan, Associate General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
Ron Carey Campaign
c/o Nathaniel Charny
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond,
Ferrara & Feldman
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334
Rick Middleton
January 21, 1997
Page 1
Re: Election Office Case No. P-1326-LU848-CLA
Gentlemen:
Rick Middleton, president of Local Union 848, 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 IBT improperly used “monies to pay the costs for individuals assisting the Carey Campaign” at the IBT Convention in July 1996.
Rick Middleton
January 21, 1997
Page 1
The protest arises from the receipt by Local Union 848 of an invoice issued by the IBT on November 20, 1996. The bill seeks reimbursement from Local Union 848 in the amount of $1,086.50 for the Convention-related lodging expenses of Bruce Blake, a member of Local Union 848. The disputed funds were paid by the IBT to the Bellevue Hotel for the period of
July 14 through 20, 1996. Mr. Middleton states that Mr. Blake was “not a delegate or alternate from Local 848, nor was he appointed to any convention committee. He was present in Philadelphia during the Convention to assist the Carey Campaign.”
Both the Carey campaign and the IBT admit that Mr. Blake attended the Convention for election-related purposes and not for any legitimate union business. The IBT states that the bill should have been sent directly to Mr. Blake and that the payment of his hotel expenses was an error.
The protest was investigated by Regional Coordinator Dolly M. Gee.
The investigation revealed that as a convenience to local unions, and prior to the Convention, the IBT booked a number of rooms at the Four Seasons Hotel in Philadelphia to house delegates. Just before the Convention began, employees of the Four Seasons Hotel engaged in a strike action. In deference to the striking employees and in order to avoid patronizing the establishment during the period of the strike, the IBT reserved rooms at the Bellevue Hotel at the last minute, for which it was required to pay an immediate deposit.
Mr. Blake had initially registered at the Four Seasons Hotel and was mistakenly included among the delegates and alternates covered by the deposit and subsequent billing.
Local Union 848 was billed for Mr. Blake’s expenses because the IBT assumed, in error, that he was authorized by Local Union 848 to attend the Convention on its behalf. Upon discovering its error, the IBT withdrew its invoice to Local Union 848 and issued a new invoice to Mr. Blake. Local Union 848 has been notified that the bill has been withdrawn and the IBT has provided evidence that the bill has been sent to Mr. Blake.
The Rules, at Article VIII, Section 11(c), strictly prohibit the use of union resources in campaigning. Pursuant to Article XII, Section 1(b)(1), the IBT is prohibited from contributing to a campaign “anything of value, where the purpose, object or foreseeable effect of the contribution is to influence, positively or negatively, the election of a candidate.”
The evidence indicates that union funds were advanced by the IBT on behalf of
Mr. Blake, whose purpose in attending the Convention was campaign-related. Even if the payment was made in error, this does not excuse the IBT from the restrictions contained within the Rules. McClam, P-940-LU701-PNJ (October 11, 1996). Here, the IBT admits that union funds were expended for a campaign-related purpose. The Carey campaign has agreed to reimburse the IBT in the amount originally billed to Local Union 848. There is no evidence to show that the IBT improperly paid the expenses of any other person in connection with the Convention.
Accordingly, the protest is GRANTED with respect to Mr. Blake and the Carey campaign, and DENIED in all other respects.
Rick Middleton
January 21, 1997
Page 1
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 IBT shall cease and desist from utilizing union resources, funds or other things of value, directly or indirectly, to promote the candidacy of any individual.
2. Mr. Blake and the Carey campaign are jointly liable to the IBT in the amount of $1,086.50. Within five (5) days of the date of this decision, either Mr. Blake or the Carey campaign shall pay the IBT $1,086.50, in order to reimburse it for the cost of this expenditure.
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
Dolly M. Gee, Regional Coordinator