May 6, 1998
VIA UPS OVERNIGHT
John D. Reynolds
May 6, 1998
Page 1
John D. Reynolds
5751 West Beryl Avenue
Glendale, AZ 85302
Andrew Marshall, Secretary-Treasurer
Teamsters Local Union 104
1450 South 27th Avenue
Phoenix, AZ 85009
Executive Board
Teamsters Local Union 104
1450 South 27th Avenue
Phoenix, AZ 85009
Bradley T. Raymond, Esq.
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
Norman Bouley
59 Island Road
Post Office Box 541
Candia, NH 03034
John D. Reynolds
May 6, 1998
Page 1
Re: Election Office Case No. PR-076-LU104-RMT
Gentlemen:
John Reynolds, a member of Local Union 104, 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 the Local Union 104 Executive Board (“executive board”) and the Hoffa Slate. The protester alleged that the executive board improperly allowed Hoffa supporters to campaign inside the union hall in violation of the Rules.
This protest was investigated by Regional Coordinator Jonathan Wilderman.
John D. Reynolds
May 6, 1998
Page 1
Local Union 104 held a membership meeting on Saturday, March 14, 1998, from 9:00 a..m. until 1:30 p.m. to discuss bylaw changes. The union used a meeting hall of the Laborers’ International Union of North America, Local Union 383. The meeting had an unusually large attendance of 350 members, far more than the average of 15 to 25 attendees at general membership meetings. Around 6:30 a.m., Norm Bouley, an active member of Local Union 379, set up a table to solicit campaign contributions for Mr. Hoffa outside the entrance to the union hall. At the table, Mr. Bouley distributed leaflets supporting Mr. Hoffa, sold paraphernalia, and solicited donations for the campaign. During the period from 6:30 a.m. until 8:45 a.m. Mr. Bouley moved the table inside the meeting hall and back outside several times due to intermittent sprinkles and rain showers. After approximately 8:45 a.m., Mr. Bouley moved the table inside the union hall, and left it inside throughout the meeting and after the meeting until members left the building.
The union hall used by Local 104 had one main entrance. Members attending the meeting entered and exited through the door where Mr. Bouley set up the Hoffa table inside the hall. The members who attended the meeting had to pass closely by the Hoffa table to reach the meeting room.
Local Union 104 had a past practice of forbidding any campaigning inside the union hall. Mr. Bouley was unfamiliar with Local Union 104's practice of disallowing campaigning in the union hall. No member or officer informed Mr. Bouley of the past practice or requested that he remove the campaign table.
Article VIII, Section 11(a) of the Rules states the following:
All Union members retain the right to participate in campaign activities, including the right to . . . support or oppose any candidate, [and] to aid or campaign for any candidate. . . . This includes, but is not limited to, the right to distribute campaign literature and to otherwise solicit support for a member’s candidacy outside a meeting hall before, during and after a Union meeting, regardless of Union policy, rule or practice.
While the Rules grant members the right to campaign outside a union hall, the right to campaign inside a union hall depends on past practice. Article VIII, Section 11(d) provides:
[N]o restrictions shall be placed upon candidates’ or members’ preexisting rights to solicit support, distribute leaflets or literature, conduct campaign rallies, hold fund-raising events or engage in similar activities on . . . Union premises. Such facilities and opportunities shall be made available to all candidates and members on a nondiscriminatory basis.
In the past, the Election Officer has found the “meeting hall” to be defined as the entire union building in which the meeting is held, not simply the meeting room. See Passo, P-469-LU705-CHI (February 29, 1996), aff’d, 96 - Elec. App. 124 (KC) (March 13, 1996). Therefore, the right to campaign inside a union hall building accrues only if that right existed prior to the election. Past practice is used to determine the preexistence of the right.
John D. Reynolds
May 6, 1998
Page 1
In the instant case, Mr. Bouley had the right to campaign outside the entrance to the union hall. Based on Local Union 104's past practice that barred such campaigning inside the meeting hall, Mr. Bouley had no right to campaign inside the union hall. The fact that Mr. Bouley was unaware that he could not campaign inside the union hall does not mitigate the violation.
Accordingly, this protest is hereby GRANTED.
When the Election Officer determines that the Rules have been violated, he “may take whatever remedial action is appropriate.” Rules, 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.
In fashioning a remedy, the Election Officer has considered the following aspects of the violation: 1) the campaigning occurred outside a meeting with unusually high attendance; 2) all of the attendees of the meeting had to pass through the hallway where the campaign table was set up; 3) the improper campaigning lasted for a period of over five hours; and 4) the campaign tables promotion of the Hoffa Slate exclusively.
The Election Officer, therefore, orders the following:
1. Local Union 104 shall cease and desist from such conduct. Within one (1) day of the date of this decision, all members of the Local Union 104 Executive Board shall sign the attached “Notice to Local Union 104 Members” and post it on all bulletin boards at the local union offices and at employers. The notice must remain posted for thirty (30) days.
2. At the first membership meeting after supplemental nominations have been completed, Local Union 104 shall set up a literature distribution table for all candidates nominated for the position of general president, except Mr. Hoffa. Nominated candidates for general president shall be advised in writing by Local Union 104 of the date of the first membership meeting subsequent to supplemental nominations within three (3) days of the completion of the supplemental nominations. Each candidate nominated for general president, with the exception of Mr. Hoffa, shall be permitted to send 100 pieces of one 8.5 x 11-inch sheet of campaign material, printed on one side, to Local Union 104 within five (5) days of receiving this notice from Local Union 104. Local Union 104 shall submit an affidavit to the Election Officer within two (2) days of receiving campaign literature from candidates for general president detailing its compliance with this order.
3. Mr. Bouley shall cease and desist from further violations of the Rules. In the future, prior to campaigning inside union halls or meetings, Mr. Bouley shall contact the local union to ascertain local union policies regarding campaigning.
John D. Reynolds
May 6, 1998
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, 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
Jonathan Wilderman, Regional Coordinator
NOTICE TO MEMBERS OF
LOCAL UNION 104
The Election Officer has found that Local Union 104 and Norm Bouley, a member of Local Union 379, violated the Election Rules when Local Union 104 allowed supporters of James Hoffa, candidate for general president, to campaign inside the meeting hall before, during, and after the special membership meeting on March 14, 1998. The Election Officer has ordered Local Union 104 to cease and desist from such conduct.
Members have the right to campaign for or against candidates in the International officer election outside the union hall, including the parking lot, before and during general membership meetings. Members do not have the right to campaign inside the union hall. Local Union 104 will protect the right to campaign in legitimate places and restrict the right to campaign in prohibited places.
Any member believing the Election Rules have been violated may file a protest with the Election Officer at 444 North Capitol Street, NW, Suite 445, Washington, DC 20001; telephone (800) 565-VOTE or (202) 624-3500, facsimile (202) 624-3525.
_____________________________
Andrew Marshall, Secretary-Treasurer
This is an official notice which must remain posted for thirty (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