May 20, 1998
VIA UPS OVERNIGHT
Monroe Galcatcher
May 20, 1998
Page 1
Monroe Galcatcher
5610 South Peoria Place, Apt. D
Tulsa, OK 74105
Coleman Davis, President
Teamsters Local Union 523
123 West 11th Street
Tulsa, OK 74119
Gary Ketchum, Trustee
Teamsters Local Union 523
123 West 11th Street
Tulsa, OK 74119
Roger Nelson, Secy. - Treas.
Teamsters Local Union 523
123 West 11th Street
Tulsa, OK 74119
Bradley T. Raymond, Esq.
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
Monroe Galcatcher
May 20, 1998
Page 1
Re: Election Office Case No. PR-078-LU523-SOU
Gentlemen:
Monroe Galcatcher, a member of Local Union 523, 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 523 President Coleman Davis, Secretary-Treasurer Roger Nelson, and Trustee Gary Ketchum. The protester alleges that the above-mentioned individuals improperly campaigned in violation of the Rules by handing out a “Hoffa/ Stone” hat and by making a campaign activity report to the members during a membership meeting at Local Union 523. Mr. Galcatcher also alleges that local union funds were used to purchase the hats and to pay the expenses for local union officers to attend a Hoffa rally in Memphis, Tennessee.
Mr. Davis admits that a Hoffa/Stone hat was inadvertently handed out during the membership meeting, but denies that local union funds were utilized either to purchase hats or to pay officer expenses at the rally. Additionally, he contends that the campaign activity report was given after the general membership meeting had adjourned and therefore was not improper.
This protest was investigated by Regional Coordinator Dolores C. Hall.
Monroe Galcatcher
May 20, 1998
Page 1
On March 3, 1998, a Local Union 523 membership meeting was held in Tulsa, Oklahoma. Toward the end of the meeting, a drawing for door prizes was held. Mr. Coleman asked Jerry Burkhart, a retired member and janitor for the local union, to retrieve a number of baseball hats from the union-hall storeroom to be handed out as prizes. After the first number was drawn and called by Mr. Davis, Mr. Nelson handed one of the hats retrieved by Mr. Burkhart to the member with the winning number. The hat handed out by Mr. Nelson was inscribed with the slogan “Hoffa/Stone.” As soon as Mr. Davis saw the hat, he requested that Mr. Nelson exchange it for a “Teamster 523" hat. Mr. Nelson immediately did so. The “Hoffa/Stone” hats, including the one retrieved from the member, were then returned to the union-hall storeroom.
After the door prizes were awarded, Mr. Coleman adjourned the meeting. Before any members had left their seats, however, Mr. Ketchum stood up and gave a report on the February 7, 1998 Hoffa rally in Memphis. Messrs. Ketchum, Davis, and Nelson, along with Joseph Madearis, recording secretary for Local Union 523, had attended the rally. Mr. Ketchum reported that Mr. Davis had given Mr. Hoffa a check for $1,200. Mr. Ketchum stated that of the total amount contributed, $500 came directly from Mr. Davis and the remaining $700 was collected from Local Union 523 members. Upon completion of Mr. Ketchum’s report, the meeting broke up.
- Allegation of Distribution of Campaign Paraphernalia During Membership Meeting and Storage of Campaign Paraphernalia at Union Hall
Article VIII, Section 11(c) of the Rules bars an IBT local union from providing its resources to a candidate:
Union funds, facilities, equipment, 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.
Article VIII, Section 11(c) prohibits the use of union facilities for the storage or display of campaign materials. McNamara, P-876-LU107-PNJ (September 18, 1996), aff’d, 96 - Elec. App. - 241 (KC) (September 20, 1996).
The distribution of the “Hoffa/Stone” hat during a membership meeting, and the storage of the hats in the local union storeroom, violate Article VIII, Section 11(c) of the Rules.
The investigation uncovered no evidence, however, to support the protester’s suspicion that the “Hoffa/Stone” hats were purchased with Local Union 523 funds.
Monroe Galcatcher
May 20, 1998
Page 1
2. Allegation of Campaigning at Union Meeting
It is uncontested that the report given by Mr. Ketchum regarding the Hoffa rally in Memphis was plainly campaign material. The Rules carefully regulate such campaigning at union meetings. Article VIII, Section 5(a), in relevant part, reads as follows:
(4) A Local Union shall not discriminate or permit discrimination in favor or against any candidate in conjunction with its meeting or otherwise. This requirement shall apply not only to formal presentations by or on behalf of candidates but also informal campaign activities, such as, for example, comments on candidates during meetings, literature distribution at meetings, literature distribution tables, etc.
The Rules set forth campaigning procedures for local union meetings which are non-discriminatory and pre-planned. An opportunity to campaign at a union meeting must be made equally available to all candidates, with advance notice. See Kapitula, P-1104-LU401-PHL (November 22, 1991).
The Election Officer finds that the officers of Local Union 523 allowed the Hoffa rally report to be delivered during the meeting without offering, in advance, a similar opportunity to other candidates, thereby violating the Rules.[1] See Fiori, P-988-LU726-CHI (October 11, 1996); Passo, P-921-LU705-CHI (September 26, 1996).
The investigation did not find that the expenses of the local union officers to attend the rally were paid for by Local Union 523 funds.
Accordingly, the protest is GRANTED in part, and DENIED in part.
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.
Monroe Galcatcher
May 20, 1998
Page 1
The Election Officer orders the following:
1. The officers and trustees of Local Union 523 shall cease and desist from utilizing local union facilities or resources to support any candidate in the International officer election. All campaign paraphernalia currently stored on the premises of Local Union 523 shall immediately be removed. The officers and trustees of Local Union 523 shall not allow any campaigning at union meetings unless that opportunity is made equally available to all candidates.
2. Within five (5) days of this decision, Mr. Davis shall sign and post the attached “Notice to Local Union 523 Members” on all union bulletin boards at local union and employer sites. Within (1) day after posting the Notice, Local 523 shall file an affidavit with the Election Officer demonstrating compliance with this order.
3. At the first membership meeting after supplemental nominations have been completed, Local Union 523 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 523 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 523 within five (5) days of receiving this notice from Local Union 523. Local Union 523 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.
An order of the Election Officer, unless otherwise stayed, takes immediate effect against a party found to be in violation of the Rules. In In Re: Lopez, 96 - Elec. App. - 73 (KC) (February 13, 1996).
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
Monroe Galcatcher
May 20, 1998
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
Dolores C. Hall, Regional Coordinator
NOTICE TO LOCAL 523 MEMBERS
The Election Officer has found that officers of this local distributed campaign paraphernalia for a candidate for International office in the rerun election and delivered a campaign activity report during a recent membership meeting, in violation of the Election Rules. Under the Rules, local union resources and facilities may not be used for campaigning and local union officers may not officially endorse candidates for International officer.
Local Union 523 shall not use its resources, including its building, to assist the campaign of any candidate in the International officer rerun election.
____________________ ________________________
Date Coleman Davis, President
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, Election Officer.
[1]Although Mr. Davis had declared the membership meeting adjourned, none of the member attendees had begun to leave their seats when Mr. Ketchum rose to give his report. Even if the meeting had adjourned, it would still have been a violation to give a campaign report in a union hall without reimbursing the local for use of the hall, providing for equal access to the hall by all candidates, and notifying the candidates in advance of their right to such access.