December 10, 1997
VIA UPS OVERNIGHT
Lee White
December 10, 1997
Page 1
Lee White
427 Oak Grove Road
Winston-Salem, NC 27107
Danny Torian
Workforce Planning Manager
United Parcel Service
30009 Executive Drive
Greensboro, NC 27406
Bradley T. Raymond, Esq.
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington, Hills, MI 48334
Ron Carey Campaign
c/o Richard Brook, Esq.
Cohen, Weiss and Simon
330 W. 42nd Street
New York, NY 10036
Gary M. Tocci, Esq.
Schnader, Harrison, Segal
and Lewis
1600 Market Street
Philadelphia, PA 19103
Lee White
December 10, 1997
Page 1
Re: Election Officer Case No. PR-032-LU391-SCE
Gentlemen:
A pre-election protest was filed by Lee White, a member of Local Union 391, pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) against United Parcel Service (UPS). Mr. White alleges that UPS made an impermissible contribution to James P. Hoffa, candidate for general president, by circulating literature supportive of him. Mr. White further alleges that since the UPS strike, UPS has been critical of incumbent General President Ron Carey and has encouraged employees to support Mr. Hoffa. UPS denies producing or distributing campaign literature and denies encouraging UPS employees to support any candidate in the IBT International officer election.
The protest was investigated by Regional Coordinator J. Griffin Morgan.
Lee White
December 10, 1997
Page 1
Mr. White is an air driver/car washer and shop steward at the UPS facility in Greensboro, North Carolina. Upon reporting for work on November 12, 1997, he observed approximately 30 copies of a leaflet on a desk in the office of UPS Supervisor Steve Setzer. This leaflet was comprised of a November 7, 1997, Winston-Salem Journal article along with some additional handwritten remarks.
The article segment of the leaflet, entitled “Teamsters Protest is Denied,” describes the Election Officer’s decision denying the protest in Hoffa, PR-019-JHC-EOH (November 11, 1997), aff’d, 97 - Elec. App. - 322 (KC) (December 8, 1997). In that case, the protestor alleged that Hoffa supporters, including Local Union 391 President Jack Cipriani and Chip Roth, assistant to the president, wore campaign paraphernalia and distributed campaign literature while attending a hearing of the Subcommittee on Oversight and Investigations of the Committee on Education and the Workforce on October 14, 1997.
The handwritten remarks on the leaflet stated:
DEAR JACK & CHIP: Its [sic] very comforting to know that the two of you would take time out from your busy schedule to attend Congressional hearings in Washington when you could have easily sent anybody else. WE TEAMSTERS should and ARE VERY PROUD to know our LOCAL LEADERS haven’t become complacent in their duties as officers and officials. To take time out from your families knooing [sic] you would have to endure vicious & recklous [sic] accusations from the Carey Campaign, the media and some uninformed members who would rather listen to small talk then to attend meetings, ask questions and diligently seek the truth TAKES MUCH COURAGE. Our local exudes honesty, Godliness, courage & Tenacity and BAD PEOPLE hate these traits thats [sic] why they will always attack you! GOD BLESS you guys, SOME VERY thankful Teamster [undecipherable].
The handwritten remarks are by UPS employee Dan Taylor, a member of Local Union 391. Mr. Taylor stated that he made 10 copies of the leaflet on a copy machine at the UPS office without their knowledge or consent. On November 12, he placed three or four copies of the leaflet in each of two large break rooms at work. He also placed a copy on the car belonging to fellow Local Union 391 member John Manning. Mr. Manning stated that he received a copy of the leaflet on the windshield of his car but has no knowledge of how it got there.
It is the policy of UPS to collect unattended union literature for review and possible disposal. Mr. Setzer stated that on November 12, he gathered up three of the leaflets from a break room and placed them on a counter in the supervisor’s office, partially or totally covering them with his briefcase. He intended to pass them on to his manager.
Lee White
December 10, 1997
Page 1
Mr. White contends that when he arrived in the supervisor’s office the leaflets were not obscured by a briefcase. He admits that he took one of the leaflets from the counter and copied it on the office copy machine also without UPS’s knowledge or consent. He then left the facility to work his delivery shift and returned four hours later. At that time, he observed three other UPS employees with leaflets. Based solely on this observation, Mr. White assumed that UPS had distributed the leaflets.
The leaflet is campaign literature because it criticizes and attacks the Carey Campaign. Giacumbo, P-001-IBT-PNJ (September 29, 1995), aff’d in rel. part, 95 - Elec. App. - 32 (KC) (November 1, 1995) (campaigning requires some advocacy for or against a candidate).
Article XII, Sections 1(a) and 1(b)(1) of the Rules prohibit an employer from making any campaign contributions to the campaign of a candidate for delegate or International office. The Rules define “campaign contributions” to include “any direct or indirect contribution of money or other thing of value where the purpose, object or foreseeable effect of that contribution is to influence the election of a candidate.” Rules, Definitions, 5. As stated in the Election Officer’s Advisory on Campaign Contributions and Disclosure (Revised November 1997), at pp. 2-4, such contributions can include any goods, compensated services or any material things of value.
The protester produced no evidence that UPS violated the Rules. Mr. White admits that he assumed UPS copied and distributed the leaflets from observing employees with the leaflet after he had observed them on the supervisor’s desk. The collection of the campaign literature by Mr. Setzer was consistent with UPS’ policy, and does not evidence a contribution to a candidate or improper conduct under the Rules. There is no evidence in this protest that UPS management has been criticizing Mr. Carey and encouraging support for Mr. Hoffa.
Based upon the foregoing reasons, the protest is DENIED.
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
Lee White
December 10, 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 North Capitol Street, NW, Suite 445, Washington, DC 20001, Facsimile
(202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Michael G. Cherkasky
Election Officer
MGC:chh
cc: Kenneth Conboy, Election Appeals Master
J. Griffin Morgan, Regional Coordinator