This website uses cookies.
Office of the Election Supervisor for the International Brotherhood of Teamsters

November 5, 1997




Mike Campanella and Wayne Whitaker

November 5, 1997

Page 1



Mike Campanella

P.O. Box 185

Westchester, OH  45071


Wayne Whitaker

2492 State Route 28

Pleasant Plains, OH  45162


William C. Wright


Teamsters Local Union 100

2100 Oak Road

Cincinnati, OH  45241


Patrick J. Szymanski, Esq.

Baptiste & Wilder, P.C.

1150 Connecticut Avenue, NW

Suite 500

Washington, DC  20036

Teamsters for a Democratic Union

c/o Paul Alan Levy, Esq.

Public Citizen Litigation Group

1600 20th Street, NW

Washington, DC  20009


Ron Carey Slate

c/o Richard Brook, 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

Mike Campanella and Wayne Whitaker

November 5, 1997

Page 1



Re:  Election Office Case No. PR-021-LU100-NYC




Mike Campanella and Wayne Whitaker 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 Local Union 100. The protesters allege that they observed copies of the TDU publication Convoy Dispatch on a table in the lobby of Local Union 100 in violation of the Rules.  William Wright, president of Local Union 100, responds that he had no previous knowledge that any copies of the Convoy Dispatch had been placed in the lobby and that Local Union 100 maintains a strict policy prohibiting campaigning or campaign materials on union premises. TDU asserts that the protest is untimely and states that it had no knowledge or control over the distribution of its newspaper at Local Union 100.


The protest was investigated by New York City Protest Coordinator Barbara C. Deinhardt.

Mike Campanella and Wayne Whitaker

November 5, 1997

Page 1



On October 21, 1997, Mr. Campanella visited Local Union 100 and observed about ten copies of the Convoy Dispatch on a table next to a sofa in the lobby.  Mr. Campanella returned to the union hall two days later, accompanied by Mr. Whitaker and took some pictures of the table.  The protesters again observed copies of the Convoy Dispatch on the lobby table.  On this occasion, however, the protesters observed less than ten copies.  A number of other items of literature were present on the table including articles about NAFTA, the Overnite organizing campaign and a couple of other magazines. 


Although he claims he never saw any copies, Mr. Wright does not contest that some issues of the Convoy Dispatch, as observed by the protesters on these two dates, may have been present on a table in the Local Union 100 lobby.  Mr. Wright admits that issues of the Convoy Dispatch contain articles supporting the candidacy of Mr. Carey.  Mr. Wright states, however, that he does not know who placed these materials on the table, in breach of local union policy.  Mr. Wright further states that he did not become aware of the presence of the protesters in the union hall lobby on October 23, 1997 when he learned that Mr. Campanella and Mr. Whitaker were taking pictures of the area.  When Mr. Wright entered the lobby, neither protester raised any objection about the Convoy Dispatch, nor did they request that Local Union 100 permit campaign materials supporting Mr. Hoffa to be made available at the table.


Mr. Wright states that no copies of the Convoy Dispatch have been permitted within the premises of Local Union 100 since October 23, 1997, consistent with the policy of the local union.


Article XIV, Section 2(b) of the Rules requires protesters to file within two (2) working days of the day when the protestor becomes aware or reasonably should have become aware of the action protested.  The short time limits are important to ensure that alleged violations of the Rules are quickly brought to the attention of the Election Officer in order to afford the greatest opportunity for applying an effective remedy if a violation is found.  Nevertheless, the Election Officer has not treated time limits as an absolute jurisdictional requirement, but rather as a prudential restriction.  Hoffa, P-788-IBT-EOH (June 18, 1996); Blake, P-712-LU630-CLA (April 29, 1996). 


In prior cases, the Election Officer has waived the timeliness requirements of the Rules if the protest was not excessively untimely. The protesters first knowledge of the facts supporting the protest was obtained on October 21, 1997.  The protesters letter was filed three days beyond the time allowed.  However, on the basis of the evidence, the Election Officer determines that this is a proper case for the waiver of the timeliness requirements of the Rules at Article XIV, Section 2(b).


Mike Campanella and Wayne Whitaker

November 5, 1997

Page 1



Article VIII, Section 5(a)(4) of the Rules reads:


A Local Union shall not discriminate or permit discrimination in favor or against any candidate in conjunction with its meetings or otherwise.  This requirement shall apply not only to formal presentations by or on behalf of candidates but also to informal campaign activities, such as . . . literature distribution tables, etc.


The Election Officer has found the Convoy Dispatch to have pro-Carey campaign content.  See Hoffa, P-313-LU728-SEC (February 26, 1996) (finding that making copies of the Convoy Dispatch available on a table in a local union hall while barring pro-Hoffa campaign materials on the premises constitutes a form of discrimination in favor of Mr. Carey and his slate).  The presence of such campaign materials in the lobby of Local Union 100, even if it was placed there without the knowledge or permission of Mr. Wright, violates the Rules, which are designed to assure that opportunities to campaign within a union hall are available on an equal basis.  Ross, P-466-LU104-RMT (March 12, 1996).


There is no evidence to show that TDU violated the Rules.


Accordingly, the protest is GRANTED as to Local Union 100; and DENIED in all other respects.


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.


As a remedy, the Election Officer directs Local Union 100, within two (2) days of this decision, to notify the Hoffa Campaign by duplicating the notice below and, upon timely request, to make campaign material provided by the Hoffa Campaign available for distribution in the lobby on the table where it made available the Convoy Dispatch for the two (2) day period following its receipt.[1]


The notice shall be mailed by first-class mail to:  Tom Pazzi, c/o Patrick J. Szymanski, Baptiste & Wilder, P.C., 1150 Connecticut Avenue, NW, Suite 500, Washington, DC 20036. The Hoffa Campaign shall have two (2) days from the date of receipt of the notice to provide not more than 10 copies of a piece of campaign literature to Local Union 100 for distribution.


Mike Campanella and Wayne Whitaker

November 5, 1997

Page 1



If the Hoffa Campaign provides such campaign literature, it shall simultaneously send a copy of the literature and/or the transmittal letter to the Election Officer.


Within two (2) days of mailing the notice to the Hoffa Campaign, Mr. Wright shall file an affidavit with the Election Officer attaching a copy of the notice sent to the Hoffa Campaign, attesting to the fact that the notice has been sent and that it fully complies with the order of the Election Officer.


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.






Benetta M. Mansfield

Interim Election Officer




cc:               Kenneth Conboy, Election Appeals Master

Barbara C. Deinhardt, NYC Protest Coordinator






The Election Rules prohibit local unions from discriminating or permitting discrimination against any candidate for office in the 1995-1996 International union delegate and officer elections in connection with distribution of campaign literature.


Local Union 100 has violated this provision by making available in its  office campaign literature supporting Ron Carey for general president. Local Union 100 will make available literature on behalf of James P.  Hoffa for a period of two (2) days.  If you request such distribution, please provide to the local union within two (2) days of your receipt of this notice no more than 10 copies of a piece of campaign literature.



William Wright

President Local Union 100









Approved by Benetta M. Mansfield, Interim IBT Election Officer.


[1]The two day period must be during days the local union office is open (e.g., weekdays).