January 9, 1998
VIA UPS OVERNIGHT
Dan R. Eby
January 9, 1998
Page 1
Dan R. Eby
600 Ivygate Drive
St. Louis, MO 63129
Joseph A. Galli, Sec.-Treas.
Teamsters Local Union 688
300 South Grand Avenue
St. Louis, MO 63103
Bradley T. Raymond, Esq.
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
Dan R. Eby
January 9, 1998
Page 1
Re: Election Office Case No. PR-037-LU688-NCE
Gentlemen:
Dan Eby, a member of Local Union 688, 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 688 and Local Union 688 Secretary-Treasurer Joseph A. Galli. The protester alleges that the local union permitted the sale of Hoffa t-shirts and other paraphernalia inside the union hall during a stewards’ council meeting on November 17, 1997. The protester also alleges that Mr. Galli made remarks after the meeting which were derogatory about the International Union and General President Ron Carey.
Mr. Galli states that he has no knowledge of any campaign items being sold in the union hall and that his remarks after the meeting were limited to a statement that he was going home to watch a special program on the Cable News Network to find out what was happening. He also states that he distributed a copy of Election Officer Kenneth Conboy’s decision in In re: Cheatem, Post-27-EOH (November 17, 1997), aff’d, 88 Civ. 4486 (DNE) (S.D.N.Y. Dec. 30, 1997).
This protest was investigated by Regional Coordinator Judith E. Kuhn.
Dan R. Eby
January 9, 1998
Page 1
The protester presented three witnesses who attended the stewards’ council meeting at the union hall on November 19. Dan Aschenbrenner states that to get to the stewards’ meeting, he had to go through another meeting where he observed tables set up and items on the tables which he presumed were for sale including Hoffa hats, t-shirts, and bumper stickers. He did not observe any items being sold. He was only in this meeting a few minutes before he realized he was in the wrong meeting and left to go to the stewards’ meeting.
Steve Casey and Ted Simpson did not observe any tables in the adjacent meeting room. Mr. Casey states that after the meeting, he saw a man cross the hall with several Hoffa t-shirts draped across his arm. He did not see what the man did with the t-shirts. Mr. Simpson states that after the stewards’ meeting he observed four to six people near the front of the hall selling Hoffa t-shirts, and other people paying money for them.
Bob Garza, a member of Local Union 688, who attended the stewards’ meeting states that he received some Hoffa t-shirts and hats to sell to people he works with from another member at the meeting. He took these items outside and put them in his car. When he went back in the hall, he was approached by a member who asked to buy a t-shirt. He went out to his car and got three different sizes of the t-shirt. He admits that he sold one Hoffa t-shirt after the meeting to another member. He was carrying three t-shirts at the time. He did not tell anyone in the local union that he sold the t-shirt, nor had he ever received permission to make such a sale in the union hall.
Mr. Galli states that he does not permit the sale of any campaign paraphernalia in the union hall. He did not stay for long after the meeting because he went home to watch a special on television regarding Mr. Carey’s disqualification. He admits distributing the Cheatem decision and this is confirmed by Mr. Aschenbrenner. Mr. Galli states that the adjacent meeting was being conducted by Local Union 600, which rented the hall for their membership meeting.
Don McKay, secretary-treasurer of Local Union 600, held a membership meeting at the Local Union 688 hall on November 19 in a meeting room adjacent to the stewards’ meeting. Mr. McKay denies that any Hoffa paraphernalia was sold at the meeting but states that at every meeting of Local Union 600, there are tables set up where shirts and hats are sold for the local union’s charitable organization: HOPE--Help Our People Endure. Mr. McKay supplied several photographs of the HOPE t-shirts. Franklin Boyd, president of HOPE, states that he was present at the November 19 meeting and that three members of the HOPE board were at the table selling HOPE sweatshirts (black), hats (camoflauge and black), henley shirts and insulated vests. He states that there were no Hoffa items at the table, but that all the items had the HOPE logo on them.
The only person who identified the items at the table as Hoffa paraphernalia is Mr. Aschenbrenner. In the face of the denials by Local Union 600, the photographs presented, and the similarities between Hoffa and HOPE items, the Election Officer finds that there is no evidence to substantiate the allegation that Hoffa campaign paraphernalia was sold from tables in the union hall. The evidence shows that Local Union 600 had organized a sale of paraphernalia to support its charity rather than campaign items.
Dan R. Eby
January 9, 1998
Page 1
By selling a Hoffa t-shirt in the union hall, however, Mr. Garza violated the Rules which prohibit the use of union facilities to assist in campaigning. The Election Officer has prohibited the use of union resources in campaigning even when such use is isolated or slight. Olson, P-172-LU70-CSF (November 1, 1995) (use of union telephone for three calls of short duration to assist in campaigning during work time); Yeakel, P-762-LU773-PNJ (June 5, 1996) (barring display of campaign hats along with union hats in union office); Miller, P-504-LU147-MOI (April 23, 1996) (local union made its office available to a campaign as the location to pick up a raffle prize); Hoffa, P-865-IBT-MGN (August 26, 1996) (use of union telephone and use of office for brief meetings).
Neither Mr. Galli’s remarks nor his handing out the Cheatem decision violated the Rules.
Accordingly, the protest is GRANTED as to the sale of the t-shirt by Mr. Garza and DENIED in all other respects.
When the Election Officer determines that the Rules have been violated he “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.
Here, the violation by Mr. Garza was isolated and without the knowledge or consent of the local union and the remedy should therefore be directed to preventing any future violation. Accordingly, Mr. Garza is ordered to immediately cease and desist from selling campaign paraphernalia supporting any candidate for International office in the Local Union 688 hall.
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
Dan R. Eby
January 9, 1998
Page 1
Copies of the request for hearing must be served on the parties listed above as well as upon the Election Officer, 400 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
Judith E. Kuhn, Regional Coordinator