January 9, 1997
VIA UPS OVERNIGHT
Ken Mee
January 9, 1997
Page 1
Ken Mee
42356 Greenbrier Park Drive
Fremont, CA 94538
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
James P. Hoffa Slate
c/o Patrick J. Szymanski, Esq.
Baptiste and Wilder
1150 Connecticut Ave., NW
Suite 500
Washington, DC 20036
Harold J. Yates, President
Teamsters Local Union 120
2635 University Avenue, West
Suite 120
Saint Paul, MN 55114
C. Thomas Keegel
2433 Wight Bay
Brooklyn Park, MN 55443
Bradley T. Raymond, Esq.
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
Patrick J. Kelly, Esq.
Bannigan and Kelly, P.A.
1750 North Central Life Tower
445 Minnesota Street
Saint Paul, MN 55101
Ken Mee
January 9, 1997
Page 1
Re: Election Office Case No. PR-052-LU120-NCE
Gentlemen:
Ken Mee, a member of Local Union 287 and a candidate for Western Region vice president, 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 Harold Yates, president of Local Union 120. The protester alleges that Mr. Yates used local union resources to issue a press release endorsing James P. Hoffa, a candidate for general president, and Thomas Keegel, a candidate for secretary-treasurer in violation of the Rules.
Mr. Yates admits that the telephone number of the local union is written on the press release but states that this is not a violation of the Rules.
Ken Mee
January 9, 1997
Page 1
The protest was investigated by Regional Coordinator Judith E. Kuhn.
Attached to the protest is a document dated December 9, 1997, styled as a press release which reads, in pertinent part, as follows:
. . . I would urge all Joint Council presidents, local union officers and especially all rank and file Teamsters to support Mr. Hoffa for General President and C. Thomas Keegel for General Secretary-Treasurer.
It is time for Teamsters to unite behind their leadership so we can focus on the everyday problems of our membership. Our mission is to make life a little bit easier for working men and women of the Teamsters and their families. My belief is that supporting James Hoffa and Tom Keegel will accomplish this goal.
Harold J. Yates, President
Teamsters Local 120
Above the text, it lists the contact as Mr. Yates and the telephone number of Local Union 120.
Mr. Yates is also president of Joint Council 32. Linda Ricci works at Joint Council 32 as Mr. Yates’ secretary. The investigation revealed that Mr. Yates came into the Joint Council office and December 9 and asked Ms. Ricci to prepare his personal endorsement of Mr. Hoffa. Ms. Ricci agreed to type it on her lunch hour. She used joint council equipment to type the draft and final press releases. The document attached to the protest is a draft of the final endorsement press release. This draft version was circulated using the joint council’s fax machine to three people for comment. The final press release was issued on December 9 and read as follows:
YATES ENDORSES HOFFA
FOR IMMEDIATE RELEASE
December 9, 1997
Contact Harold Yates (612) 641-1901
Harold J. Yates, who serves as President of Teamsters Joint Council 32 and Local 120, today endorsed James Hoffa for the Teamsters General Presidency. Yates also endorsed Tom Keegel, Hoffa’s running mate. Keegel is Secretary-Treasurer of Teamsters Local 644 in Minneapolis.
Ken Mee
January 9, 1997
Page 1
“I urge all Teamster members and officers to unite behind Jim Hoffa, the one man who can save the union from bankruptcy and disintegration,” Yates said. “Jim Hoffa and Tom Keegel will restore our union’s finances and make us one union again. That’s why I support the Hoffa-Keegel slate.”
The final press release was faxed to 31 local press outlets, using the press release list normally used by Joint Council 32 for its press releases. The joint council has permitted individuals to use the fax machine for other than union business and has charged these individuals ten cents per fax page. Mr. Yates reimbursed the joint council for the faxes at the rate of ten cents per page. Ms. Ricci was not paid for her time.
The Rules permit individual members to endorse candidates for International office and to note their title in such endorsements so long as the endorsement is not financed by union funds. As the Election Officer stated in Phelan, P-711-LU550-NYC (April 23, 1996), aff’d, 96 - Elec. App. - 184 (KC) (May 6, 1996), “[t]he Rules protect campaigning as a personal right of IBT members and require that it be exercised that way.” The Rules do not, however, permit the use of union resources for communicating campaign material. See Schauer, P-1251-LU421-MOI (November 19, 1996) (violation of the Rules to publish personal campaign endorsements using local union resources and letterhead).
Union funds, facilities and equipment may not be used to campaign unless the requirements of Article VIII, Section 11(c) are followed.[1] In issuing the press release, Mr. Yates utilized joint council equipment (computer and fax machine) and resources (paper) in violation of the Rules. That Mr. Yates reimbursed the joint council for use of the fax machine does not mitigate the violation where all candidates have not been notified in advance that its use is available. He also used the office number of Local Union 120 as the contact number on the press release, another violation constituting the improper use of union resources for campaigning. See Olson, P-172-LU70-CSF (November 1, 1995) (campaign press release using local union telephone number as contact violated the Rules).
Ken Mee
January 9, 1997
Page 1
The use of Ms. Ricci to type the draft and final press releases did not violate the Rules. The Rules specifically permit campaigning by union employees during paid lunch hours at Article VIII, Section 11(b). Her use, however, of union resources to type the release, as noted above, is in violation of the Rules.
Accordingly, the protest is GRANTED.
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.
The Election Officer believes that it is of the utmost importance that the rerun election be conducted in a manner that does not implicate any improper use of union resources. Accordingly, the Election Officer orders that Mr. Yates, Joint Council 32 and Local Union 120 take the following actions:
1. Mr. Yates, Joint Council 32 and Local Union 120 shall immediately cease and desist from union local union resources to produce, transmit or respond to campaign literature, including endorsements.
2. Within three (3) days of the date of this decision, the Hoffa campaign shall reimburse Joint Council 32 in the amount of $34.00 for the production on union equipment and the transmission of the endorsements. Within two (2) days of making such payment, the Hoffa campaign shall file an affidavit with the Election Officer showing compliance with this order, including a copy of the check.
3. Within two (2) days of the date of this decision, Mr. Yates shall execute and Joint Council 32 and Local Union 120 shall post the attached “Notice to Joint Council 32 and Local Union 120 Members” on all bulletin boards at the joint council and local union offices. In addition, within two (2) days of the date of this decision, Mr. Yates shall fax a copy of the signed notice to all local unions within Joint Council 32 and direct that the notice be posted within one (1) day of receipt of the fax on all bulletin boards at the other local union offices within the joint council.
4. Within five (5) days of this decision, Mr. Yates will file an affidavit with the Election Officer detailing his compliance with this order and attaching a facsimile record of transmissions to the local unions within Joint Council 32.
An order of the Election Officer, unless otherwise stayed, takes immediate effect against a party found to be in violation of the Rules. In Re: Lopez, 96 - Elec. App. - 73 (KC) (February 13, 1996).
Ken Mee
January 9, 1997
Page 1
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 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
NOTICE TO JOINT COUNCIL 32 AND
LOCAL UNION 120 MEMBERS
On December 9, I issued a press release stating my personal endorsement of candidates in the International officer rerun election. The Election Officer has found that the creation of the press release and the information on the press release consituted an improper use of joint council and local union resources.
Under the Election Rules, union officers are permitted to endorse candidates in their personal capacities, but may not utilize union resources in doing so. It was improper under the Election Rules for me to issue the press release using joint council equipment and to place the Local Union 120 telephone number as a contact on the press release.
__________________________ _____________________________
Date Harold J. Yates, President
Teamsters Joint Council 32
Teamsters Local Union 120
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 Michael G. Cherkasky, IBT Election Officer.
[1]Article VIII, Section 11(c) provides, in pertinent part: “Union funds, facilities, equipment and stationery, personnel, etc., may not be used to assist in campaigning unless the Union is reimbursed at fair market value for such assistance, and unless all candidates are provided equal access to such assistance and are notified in advance, in writing, of the availability of such assistance.