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Office of the Election Supervisor for the International Brotherhood of Teamsters

              November 6, 1997




Gene Moriarty

November 6, 1997

Page 1



Gene Moriarty

41 Pine Street

Watertown, CT  06795


Jon L. Rabine


Teamsters Joint Council 28

553 John Street

Seattle, WA  98109


James P. Hoffa

2593 Hounds Chase

Troy, MI 48098

James P. Hoffa Slate

c/o Patrick J. Szymanski, Esq.

Baptiste & Wilder

1150 Connecticut Avenue, NW

Suite 500

Washington, DC  20036


Dede 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

November 6, 1997

Page 1



Re:  Election Office Case No. PR-024-JC28-EOH




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 Gene Moriarty, a member of Local Union 677.  Mr. Moriarty alleges that the August-October 1997 issue of The Washington Teamster, a regular publication of Joint Council 28, contains campaign material and violates the Rules.  Mr. Moriarty filed his protest against Joint Council 28.  Joint Council 28 responds that the publication does not contain campaign material.


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


The material challenged by Mr. Moriarty is in two articles on the first three pages of the 20-page Autumn Quarter (August-October 1997) edition of the Washington Teamster.  It is the first edition of the Washington Teamster published since the Election Officer’s decision in

Gene Moriarty

November 6, 1997

Page 1



Cheatem, Post-27-EOH, (August 21, 1997), aff’d. in rel. part, 97 - Elec. App. - 322 (KC) (October 10, 1997), which directed that a rerun election be conducted.


The headline on the first page of the publication states “New Election Ordered Due To Carey Campaign Misconduct.”  The protester particularly objects to the lead sentence of the article which states that “[t]hree architects of Ron Carey’s slim 1996 election win over James Hoffa pleaded guilty September 19th to charges that they funneled more than $1 million in Teamsters Union funds to organizations which, in turn, illegally contributed to the Carey campaign.”


The remainder of the article generally consists of excerpts from the New York Times and the Wall Street Journal.  The material selected concerns reports about Martin Davis, Jere Nash, November Group, Michael Ansara, Share Group, Citizen Action, Election Officer Barbara Zack Quindel, the U.S. Attorney, the Democratic National Committee, Richard Trumka, the AFL-CIO, William Hamilton, Union Privilege, Theodore Kheel and the two committees of the U.S. Senate involved in investigations related to the IBT.


The protester also objects to an editorial on the second page written by Jon Rabine, Joint Council 28 president, and a candidate on the Hoffa Slate.  The editorial is entitled “Delay Undermines Gains Earned By UPS Strikers” and comments upon the impact on the “labor movement” of the Election Officer’s decision to rerun the International officer election.

Mr. Moriarty specifically cites the statement in the editorial that “[m]ore indictments, this time of Carey Administration insiders, seem inevitable.”


Article VIII, Section 8(a) of the Rules states that a union-financed publication or communication may not be “used to support or attack any candidate or the candidacy of any person.”  In reviewing union-financed communications for improper campaign content, the Election Officer looks to the tone, content and timing of the publication.  Martin, P-010-IBT-PNJ (August 17, 1995), affd, 95 - Elec. App.- 18 (KC) (October 2, 1995).  The Election Officer also considers the context in which the communications appeared.


              In Martin, the Election Officer recognized that union officers and officials have a “right and responsibility to exercise the powers of their office to advise and report to the membership on issues of general concern.”  (Quoting Camarata v. International Bhd. of Teamsters, 478 F. Supp. 321, 330 (D.D.C. 1979), aff’d, 108 L.R.R.M. (BNA) 2924 (D.C. Cir. 1981)). The Election Officer also noted, however, that despite references to the election process, [r]eports on the results of protest decisions are legitimate subjects for union-financed publications.  See Blake, P-245-JC42-CLA (December 18, 1996), aff'd 96 - Elec. App. - 54 (KC) (January 12, 1996).



Gene Moriarty

November 6, 1997

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The Election Officer has recently determined that union resources may be used to report on the decision and order for a rerun election because that subject clearly affects the IBTs institutional interests and is therefore clearly newsworthy and of interest to its members.  Atha, PR-001-IBT-EOH (October 10, 1997).  Additionally, she has specifically stated that when information contained in an article which disapproves of the activities of

Mr. Carey and the Carey campaign is limited to those matters in the Cheatem decision or to factual accounts of related news articles, it does not constitute impermissible campaigning. Clemerson, PR-008-LU783-EOH (October 22, 1997).


The protested portions of The Washington Teamster are focused on the Election Officers decision to rerun the election and not on the campaign. The articles at issue take up only three pages of a 20-page publication.  It is the first edition published since the Cheatem decision.  Therefore, the protested articles constitute a timely report of issues of interest to IBT members and do not constitute impermissible campaigning.


Accordingly, 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, 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.






Benetta M. Mansfield

Interim Election Officer



scc:               Kenneth Conboy, Election Appeals Master