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Office of the Election Supervisor for the International Brotherhood of Teamsters

October 29, 1997

VIA UPS OVERNIGHT


Rick Torres

October 29, 1997

Page 1

 

Rick Torres             

529 Cleveland

Lincoln Park, MI 48146

 

James P. Hoffa

2593 Hounds Chase

Troy, MI 48098

 

James P. Hoffa Slate

c/o Patrick J. Szymanski, Esq.

Baptiste & Wilder

1150 Connecticut Ave., N.W.

Suite 500

Washington, DC 20036


Joseph Valenti, President

Teamsters Local Union 214

2825 Trumbull Avenue

Detroit, MI 48216

 

Ron Carey Campaign

c/o Susan Davis, 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

 


Rick Torres

October 29, 1997

Page 1

 

Re: Election Office Case No. PR-015-LU214-EOH

Gentlemen:

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 Rick Torres, a member of Local Union 372, against James P. Hoffa, a candidate for general president, the Hoffa Campaign, and Local Union 214.  The protester alleges that members of Local Union 214 affixed a Hoffa campaign poster to the exterior of a Local Union 214 building, in violation of the Rules.  Both Mr. Hoffa and Local Union 214 admit that the poster was on the outside of the local union building but state that it has been removed.

 

This protest was investigated by Election Office Staff Attorney Peter F. Gimbrère.

 


Rick Torres

October 29, 1997

Page 1

 

Mr. Torres stated that on October 15, 1997, he first saw a poster supporting Mr. Hoffa on the side of the Local Union 214 building.  He photographed the poster on October 17.  The poster read, “Hoffa ‘97: Restore Teamster Power” and was approximately three three feet by two feet.  Mr. Torres estimated that the poster had been up for at least eight months based upon what several local union members had told him.  He did not supply any of these members as witnesses.

 

Joseph Valenti, president of Local Union 214, admitted that the poster was hanging on  the local union building.  He denied that he had any knowledge that the poster was there prior to the protest or that he knew who placed it there.  Additionally, Mr. Valenti stated that one of the stewards at the building thought the poster had been up only two or three weeks.

 

Based upon the size of the poster at issue, the proximity of a parking lot to the union building, and the period of time it was on the building, the Election Officer finds it difficult to believe that the officers of Local Union 214 had no knowledge of the poster.

 

Article VIII, Section 11(c) specifically states that “Union . . . facilities . . . may not be used to assist in campaigning . . . .” In addition, Article XII, Section 1(b)(3) also prohibits the use of any union funds or resources to promote the candidacy of any individual.

 

A local union makes a campaign contribution prohibited by the Rules by displaying a campaign sign for one candidate on the outside wall of a local union hall. Pope, P-046-JC7-PNJ (October 13, 1995), aff’d, 95 - Elec. App. - 35 (KC) (November 14, 1995).

 

In the instant case, there is a dispute as to the time period during which the poster was on the building.  Due to the conflicting testimony, the Election Officer concludes that the poster was attached to the exterior of the union building since at least August 21, 1997, the date of the Election Officer’s decision in Cheatem, Post-27-EOH, et. seq. (August 21, 1997), aff’d. in rel. part, 97 - Elec. App. - 322 (KC) (October 10, 1997), which directed a rerun election be conducted.

 

Accordingly, the protest is GRANTED.

 

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.

 

In order to address the specific violations found on this record, and in order to decrease the incidence of improper use of union property, the Election Officer orders the following:

 


Rick Torres

October 29, 1997

Page 1

 

(1)              Local Union 214 shall cease and desist from utilizing local union facilities or resources to support any candidate in the International officer election.

 

(2)              Within two (2) days of the date of this decision, Mr. Valenti shall sign and post the attached “Notice to Local Union 214 Members” on all bulletin boards at the union offices.  Within one (1) day after posting the Notice, Local 214 shall file an affidavit with the Election Officer demonstrating compliance with this order.

 

An order of the Election Officer, unless otherwise stayed, takes immediate effect against a party found to be in violation of the RulesIn Re: Lopez, 96 - Elec. App. - 73 (KC) (February 13, 1996).

 

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

 

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,

 

 

 

Benetta M. Mansfield

Interim Election Officer

 

 

cc:               Kenneth Conboy, Election Appeals Master

 


 

NOTICE TO LOCAL 214 MEMBERS

 

 

 

 

The Interim Election Officer has found that a sign supporting a candidate for International office in the rerun election was posted on the outside of the Local Union 214 building in violation the Election Rules. Under the Election Rules, local union resources and facilities may not be used for campaigning.

 

Local Union 214 shall not use its resources, including its building, to assist the campaign of any candidate in the International officer election.

 

 

 

 

____________________                                ________________________

Date                                                                                                  Joseph Valenti, President

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

This is an official notice which must remain posted for 30 consecutive days and must not be defaced or altered in any manner or be covered with any other material.

 

Approved by Benetta M. Mansfield, IBT Interim Election Officer


Rick Torres

October 29, 1997

Page 1