May 27, 1998
VIA UPS OVERNIGHT
Dan Tuffs
May 27, 1998
Page 1
Dan Tuffs
7235 West 109th Street
Worth, IL 60482
Dane Passo
6811 West Roosevelt Road
Berwyn, IL 60402
Frank J. Wsol, Secy. - Treas.
Teamsters Local Union 710
4217 South Halsted Street
Chicago, IL 60609
Patrick Flynn, President
Teamsters Local Union 710
4217 South Halsted Street
Chicago, IL 60609
Henry F. Murray, Esq.
Livingston, Adler, Pulda & Meiklejohn
557 Prospect Avenue
Hartford, CT 06105
Bradley T. Raymond, Esq.
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
Dan Tuffs
May 27, 1998
Page 1
Re: Election Office Case No. PR-090-LU710-NCE
Gentlemen:
Dan Tuffs, a member of Local Union 710, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”). The protester alleged that Dane Passo, a member of Local Union 705, Frank Wsol, Secretary-Treasurer of Local Union 710, and Pat Flynn, President of Local Union 710, campaigned for James P. Hoffa, a candidate for general president, and against Ken Hall, a candidate for general president during a local union membership meeting.
This protest was investigated by Regional Coordinator Judith E. Kuhn.
Dan Tuffs
May 27, 1998
Page 1
Local Union 710 held its regularly-scheduled general membership meeting on April 26, 1998. Approximately 200 members attended. During Mr. Wsol’s report to the membership, he turned to the subject of the upcoming International officer rerun election. Mr. Wsol announced that he intended to invite all the candidates for general president to speak to the local union and that he “would give anyone who wanted to the opportunity to speak.” He introduced Mr. Passo as a special guest, told the members that Mr. Passo was Mr. Hoffa’s campaign manager, and gave Mr. Passo the opportunity to speak.
Mr. Passo spoke to the members at the membership meeting for approximately ten minutes. Part of the time Mr. Passo spoke about political struggles within Local Union 705 between himself and Local Union Secretary-Treasurer Jerry Zero. For the remainder of his time, Mr. Passo engaged in campaigning. Mr. Passo told the membership that the Hoffa Campaign has an office in Chicago and that he is in charge of Hoffa’s campaign in the Chicago area. He stated that he believed that Ken Hall lacked the experience to be general president. He thanked the members for attending a Hoffa rally held in March 1998 reporting that a lot of money had been raised for Hoffa. He also said that Mr. Wsol and Mr. Flynn strongly support Mr. Hoffa and that Local Union 710 is known around the country as a strong Hoffa supporter. He asked for the membership of Local Union 710 to continue its support of Mr. Hoffa, promising that Mr. Hoffa would fix the IBT. He said, “We know you’ll support us as you did in the past, and you’ll support us now and help to get our union back.” Finally, Mr. Passo addressed the Election Officer’s investigation of Hoffa. He informed the attendees that the Election Officer was going to announce the results of his investigation at 10:00 a.m. on Monday, April 27, 1998. He added that he believed the Election Officer was going to announce that Mr. Hoffa was eligible to participate in the rerun election.
After Mr. Passo finished, Mr. Flynn began to speak. Mr. Flynn first stated that if the members had a question as to who he supports, he ran with Mr. Hoffa in the initial election and he supports Mr. Hoffa in the rerun election. He informed the members that he had met both Mr. Hoffa and Mr. Hall several times, and he was not impressed with Mr. Hall. Mr. Flynn stated, “[Mr. Hall’s] no Jimmy Hoffa. The future is with Jimmy Hoffa, and he’s the better person to run for general president.”
Mr. Wsol then spoke again. He stated that Mr. Hall is too young at 41 years old to have the experience to run the IBT. He added that Mr. Hoffa is a lawyer and much more experienced and qualified to lead the Teamsters.
The subject of the meeting then returned to regular business. The campaigning by the three individuals lasted approximately twenty minutes.
According to Article VIII, Section 5(a) of the Rules:
Dan Tuffs
May 27, 1998
Page 1
(3) The Local Union need not allot time for campaigning during any of its meetings. However, if campaigning during such meetings is permitted, the Local Union shall notify all candidates for the positions for which such campaigning will be permitted of the opportunity to speak at least five (5) days prior to the meeting and shall divide the time equally between those candidates (or the candidates’ credentialed representatives) who request an opportunity to speak. The order of appearance shall be determined by lot.
(4) A Local Union shall not discriminate or permit discrimination in favor of or against any candidate in conjunction with its meetings or otherwise. This requirement shall apply not only to formal presentations by or on behalf of candidates but also to informal campaign activities, such as, for example, comments on candidates during meetings . . . .
In the instant case, three individuals, Messrs. Passo, Flynn, and Wsol, campaigned for Mr. Hoffa during a membership meeting. They made multiple statements endorsing Mr. Hoffa’s candidacy for general president and statements against the candidacy of Mr. Hall. Mr. Wsol admitted that he had not provided prior notice and opportunity for all candidates for general president to speak or send representatives to speak during Local 710's general membership meeting. Such campaigning during union meetings clearly violates the Rules.
Mr. Wsol’s defense that he intended to grant other candidates the opportunity to address local union members at a general membership meeting but he had not done so prior to the meeting, does not mitigate the violation. The Rules state the candidates must be notified prior to the meeting and leave no room for subsequent notification. Moreover, Mr. Passo’s defense that this is a “baby protest” that wastes the Election Officer’s time indicates that Mr. Passo fails to understand the role of local unions in these elections. In order to hold a free and fair election, it is paramount that local unions remain neutral in the process, allowing the individual members to independently exercise the right to select their leaders.
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.
Prior to issuing this decision, the Election Officer received notice that Mr. Wsol has invited Ken Hall, the other candidate for general president, to speak at the next Local Union 710 general membership meeting. Therefore, the Election Officer is not ordering this remedy.
Accordingly, the Election Officer orders the following:
1. Messrs. Wsol, Flynn, and Passo shall cease and desist from discriminating or permitting campaigning for or against any candidate in conjunction with the meetings of Local Union 710 without prior written notification to all candidates.
Dan Tuffs
May 27, 1998
Page 1
2. Within three (3) days of this decision, Local Union 710 shall post the attached “Notice to All Local Union 710 Members” on all bulletin boards at the local union. The Notice shall remain posted for thirty (30) consecutive days.
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
Judith E. Kuhn, Election Officer Representative
NOTICE TO MEMBERS OF
LOCAL UNION 710
The Election Officer has found that Frank Wsol, Patrick Flynn, Dane Passo, and Local Union 710 violated the Election Rules when Mr. Wsol, Mr. Flynn, and Mr. Passo campaigned for James P. Hoffa, a candidate for general president, and against Ken Hall, a candidate for general president, during a Local Union 710 general membership meeting. The Election Officer has ordered Mr. Wsol, Mr. Flynn, Mr. Passo, and Local Union 710 to cease and desist from such improper campaigning during membership meetings.
Candidates have the right to campaign at general membership meetings if all candidates have been given prior written notice of an opportunity to address the members. Local Unions cannot discriminate or permit discrimination for or against any candidate in conjunction with its meetings. Local Union 710 has offered the other announced candidate for general president the opportunity to address the members of Local 710 at the next regular general membership meeting.
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.
___________________ _____________________
Frank Wsol Patrick Flynn
Secretary-Treasurer President
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.