October 23, 1997
VIA UPS OVERNIGHT
Gene Moriarty, et al.
October 23, 1997
Page 1
Gene Moriarty
41 Pine Street
Watertown, CT 06795
Ken Mee
42356 Greenbrier Park Drive
Fremont, CA 94538
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
James P. Hoffa Slate
c/o Patrick J. Szymanski, Esq.
Baptiste and Wilder
1150 Conneticut Avenue, NW
Suite 500
Washington, DC 20036
Chuck Mack
Teamsters Local Union 70
70 Hegenberger Road
Oakland, CA 94621
Dorothy Hill, Esq.
Cohen, Weiss and Simon
330 W. 42nd Street
New York, NY 10036
Bradley T. Raymond, Esq.
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
Gene Moriarty, et al.
October 23, 1997
Page 1
Re: Election Office Case No. PR-009-JHC-NCE
Election Office Case No. PR-010-JHC-NCE
Gentlepersons:
Gene Moriarty, et al.
October 23, 1997
Page 1
Related pre-election protests were filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by Gene Moriarty, a member of Local Union 677, and by Ken Mee, a member of Local Union 287 and a candidate for International vice president, in a letter dated October 7, 1997, against the campaigns of James P. Hoffa, candidate for general president, and Chuck Mack, candidate for Western Region vice president. Because these protests raise similar claims, they were consolidated by the Election Officer.
The protesters allege that a flyer advertising a fundraising raffle on November 15, 1997 in support of the Hoffa-Mack Campaign solicits contributions from persons other than active Teamster members in violation of the Revised 1996 IBT International Officer Rerun Election Plan (“Rerun Plan”).[1] Mr. Moriarty further alleges that, by soliciting contributions from groups of two to five people, without clarifying that all contributors must be recorded and reported, the flyer invites contributions that are not properly documented.
Mr. Mack acknowledges that his campaign mailed the Hoffa-Mack flyer. He further admits that the flyer was mailed to inactive IBT members and that the disclaimer language on the flyer is in violation of the provisions of the Rerun Plan rules regarding campaign contributions.
Mr. Hoffa responds that his campaign is confident that only persons who are IBT members and not employers have been invited and will be permitted to participate in the fund raiser at issue.
The protests were investigated by Regional Coordinator Judith E. Kuhn.
The flyer at issue, entitled “Hoffa-Mack ‘98 Restore The Pride,” announces a fundraiser raffle and states that “[t]ickets may be purchased either by individuals or by a group of from 2 to 5 people.” A disclaimer at the bottom of the flyer states:
Only I.B.T. members or persons who are not employers may contribute to the campaign. Employers, representatives of any employer, unions, charitable organizations, trusts, foundations or other similar entities may not contribute any money, goods, services or facilities to the campaign.
The flyer was mailed out to about 200 people on approximately October 4, 1997.
Gene Moriarty et al.
October 23, 1997
Page 1
Article V, Section A.1 of the Rerun Plan states:
No candidate, slate of candidates or independent committee, nor anyone on their behalf, may solicit or accept financial support, or any other direct or indirect support of any kind, from any non-member. Non-member includes any former member of the IBT (including retirees). Non-member does not include a member’s immediate family defined as the member’s spouse, parents, children, sister(s) and brother(s).
The flyer violates this provision by soliciting contributions from non-members and retirees.
Mr. Moriarty’s assertion that the language allowing groups of two to five people to purchase tickets invites abuses of the campaign contribution documentation system is without merit and premature. The tickets are $100 and therefore do not exceed the contribution limits for members under the Rerun Plan. See Article V, Section A. 2. Contributions will be reported on the Campaign Contribution and Expenditure Reports and candidates and slates are required to report each contribution.
In order to remedy the violation, Mr. Mack sent a letter dated October 20, 1997 to all of the people included on the mailing list for distribution of the flyer. In the letter, Mr. Mack admits that he violated the Rerun Plan by mailing the Hoffa-Mack flyer to persons who are not active IBT members and by indicating that persons other than active IBT members could contribute to his campaign. Mr. Mack advises recipients of the letter that he will not accept contributions from any person who is not an active IBT member. Mr Mack sent an affidavit to the Interim Election Officer confirming that the letter had been sent to each person who was mailed the Hoffa-Mack flyer and that no money was collected from the original flyer distribution. In these circumstances, the violation was quickly remedied. Therefore, the Interim Election Officer finds that these protests are resolved.
Accordingly, the protests are RESOLVED.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within one (1) 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
Gene Moriarty et al.
October 23, 1997
Page 1
Copies of the request for hearing must be served on the parties listed above as well as upon the Election Officer, 444 N. Capitol Street, Suite 445, Washington, DC 20001, Facsimile
(202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Benetta M. Mansfield
Interim Election Officer
cc: Kenneth Conboy, Election Appeals Master
Judith E. Kuhn, Regional Coordinator
[1]The Revised 1996 IBT International Officer Rerun Election Plan was approved by Order of the Court dated October 20, 1997. The Revised Rerun Plan modifies the timetable in the 1996 IBT International Officer Rerun Election Plan as approved by the United States District Court, United States v. IBT, 88 Civ. 4486 (S.D.N.Y. Sept. 29, 1997).