August 14, 1998
VIA UPS OVERNIGHT
Brad Swannie
August 14, 1998
Page 1
Brad Swannie
10823 85A Avenue
Delta, BC V4C 2V2
CANADA
Garnet Zimmerman, President
Teamsters Local Union 31
1 Grosvenor Square
Delta, BC V3M 5S1
CANADA
Kathy Peters, Business Agent
Teamsters Local Union 31
1 Grosvenor Square
Delta, BC V3M 5S1
CANADA
Jim Jeffries, Business Agent
Teamsters Local Union 31
1 Grosvenor Square
Delta, BC V3M 5S1
CANADA
John Ellis, Business Agent
Teamsters Local Union 31
1 Grosvenor Square
Delta, BC V3M 5S1
CANADA
Ron Owens, Business Agent
Teamsters Local Union 31
1 Grosvenor Square
Delta, BC V3M 5S1
CANADA
Roy A. Finley, Sec.-Treas.
Teamsters Local Union 362
1200A 58th Avenue, SE
Calgary, AB T2H 2C9
CANADA
Rick Eichel
Teamsters Local Union 362
1200A 58th Avenue, SE
Calgary, AB T2H 2C9
CANADA
Clay Nickerson
Teamsters Local Union 938
1194 Matheson Boulevard East
Mississauga, ON L4W 1Y2
CANADA
Ray Bartolotti, President
Teamsters Local Union 938
1194 Matheson Boulevard East
Mississauga, ON L4W 1Y2
CANADA
Bradley T. Raymond, Esq.
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Brad Swannie
August 14, 1998
Page 1
Brad Swannie
August 14, 1998
Page 1
Tom Baldwin
6566 Hawthorne Drive
Windsor, ON N8T 1J9
CANADA
Brad Swannie
August 14, 1998
Page 1
Re: Election Office Case No. PR-099-LU31-PNW
Gentlepersons:
Brad Swannie, a member of Local Union 31, 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 following: Garnett Zimmerman, president of Local Union 31 and a candidate for International vice - president; James P. Hoffa, a member of Local Union 337 and a candidate for general president; the Hoffa Slate; Thomas Baldwin, a member of Local Union 880 and a candidate for International vice - president; Kathy Peters, Jim Jeffries, John Ellis, and Ronald Owen, Local Union 31 business agents; Roy Finley and Rick Eichel, Local Union 362 business agents; Clay Nickerson, a business agent for LU 938; and Local Unions 31, 362, and 938.
The protester asserts that Messrs. Zimmerman, Baldwin, and Hoffa set up pretextual union meetings in order to allow Local Unions 31, 362, and 938 to send their business agents to attend Hoffa Slate campaign rallies at union expense, in violation of the Rules. In addition, the protester contends that Mr. Zimmerman and Ms. Peters campaigned with Messrs. Hoffa and Baldwin on an employer’s premises while on union time.
The charged parties respond that the Hoffa Slate campaign events were scheduled to coincide with the union meetings and that no union resources were improperly expended. They further state that Mr. Zimmerman and Ms. Peters were on vacation time when they accompanied the campaigning candidates.
The protest was investigated by Regional Coordinator Christine M. Mrak.
- The Western Council Quarterly Meeting and the Hoffa Campaign Events
Brad Swannie
August 14, 1998
Page 1
On Friday, May 8, 1998, the Western Canadian Council of Teamsters (“Council”) held their “quarterly” meeting in Vancouver, British Columbia, from 10:00 a.m. to 11:00 a.m. The council is composed of delegates and alternate delegates to the 1996 IBT International convention. Two delegates and two alternate delegates from each affiliated local union were invited. In addition to the delegates, guests of Local Unions 31, 213, 362, 395, 834, and 979 were also in attendance at the May 8 meeting. According to Council President Roy Finley, the meetings are identified as quarterly meetings, but in reality occur “as needed.” The next meeting is scheduled for September 2.
Immediately after the May 8 meeting, a representative from Vancouver Local Union 213 conducted a Drug and Alcohol Testing seminar which lasted until 3:00 p.m. Thirty-six representatives of Locals 31, 213, 362, 395, 834, and 979 signed the seminar attendance sheet.
According to Mr. Zimmerman, the drug seminar was discussed at the December 11, 1997 Council meeting and was scheduled to coincide with the next Council meeting in May. Beyond official delegates and alternate delegates to the Council meeting, each Local Union made its own decision about who to send to the drug seminar. Mr. Zimmerman invited all Local Union 31 Business Agents that dealt with the transportation industry to attend the seminar due to the increasingly prevalent nature of drug testing of employers in this industry. He also encouraged other Business Agents present at the Council meeting or otherwise in town to attend the seminar. Mr. Finley invited all local Union 362 Business Agents to attend. Local Union 938, to which Mr. Nickerson belongs, is not a member of the Council. While Mr. Nickerson was not originally invited to attend the seminar, Mr. Zimmerman met him in April in Montreal and encouraged him to attend.
At 7:00 p.m. on Friday, May 8, the Hoffa Slate held a cocktail party campaign event. The next morning, Saturday, May 9, a Hoffa campaign rally was held. Mr. Zimmerman planned both the cocktail party and the rally. He stated that the dates for the campaign events were chosen after the Council meeting date had been determined. Mr. Zimmerman made up and distributed flyers advertising the Hoffa campaign events and gave them to the four local unions associated with the Council for distribution to business agents and other members.
Mr. Finley attended the Friday Council meeting and drug seminar, as well as both of the Friday evening and the Saturday morning Hoffa campaign events. He admits that his union work was completed by 3:00 p.m. on Friday afternoon. He returned to Calgary on Saturday afternoon. He charged Local Union 362 one day’s per diem and the cost of the hotel for one night.
Mr. Eichel arrived in Vancouver from Calgary on Thursday, May 7 to attend an AIR BC customer service agent meeting scheduled for that afternoon. He attended the Council meeting, the drug seminar, and both Hoffa campaign events, returning to Calgary on Saturday afternoon. Mr. Eichel flew on an AIR BC pass, so his round-trip flight cost him nothing. He charged Local Union 362 two days per diem as well as the cost of his hotel room for two nights. Mr. Eichel stated that the last flight back to Calgary from Vancouver on Friday night was as late as 9:30 p.m. or 10:00 p.m.
Brad Swannie
August 14, 1998
Page 1
Mr. Owens arrived in Vancouver from Vancouver Island on Thursday, May 7 to attend the AIR BC meeting. He worked on union business until 8:00 p.m. Friday night, then went late to the Hoffa fundraiser. The last ferry back to Vancouver Island is at 8:45 p.m. The following day, he attended the morning Hoffa campaign event, returning to Vancouver Island that evening. Mr. Owens charged Local Union 31 for the cost of his Friday night hotel room.
Messrs. Ellis and Jeffries arrived in Vancouver from Prince George on Thursday, May 7 to attend the AIR BC meeting. On Friday, they attended the drug seminar. After the seminar, they met until 4:30 p.m. with Business Agents from other local unions to discuss propane industry bargaining issues. They attended both the Friday and Saturday Hoffa campaign events, returning to Prince George on Saturday evening. Both agents charged Local Union 31 for one day’s per diem and the hotel bill for two nights.
Mr. Nickerson arrived in Vancouver from Ontario on Thursday, May 7. He claims that he attended the drug seminar on Friday and then met with Mr. Zimmerman in “mid-afternoon” to discuss Local Union 31's organizing program. Mr. Nickerson’s name is not on the sign-in sheet for the drug seminar. He attended both Hoffa events, returning to Ontario on Sunday, May 10. Local Union 938 paid for his hotel bill for all three nights and for all of his other trip expenses. Mr. Nickerson asserts that he did not know about the Hoffa campaign events until he landed in Vancouver. Mr. Nickerson’s hotel bill, however, shows the words “Teamsters - Hoffa Rally” under the rate section. During the investigation, a hotel spokesperson informed an Election Office representative that it is the hotel’s policy to only offer an event rate to an individual if that individual mentions the event at the time the reservation is made. Mr. Nickerson admitted that he made his hotel reservation at the same time that he made his airline reservation.
While participation in “campaign activity” is guaranteed to all members by Article VIII, Section 11(a), the use of union funds and union resources to campaign is prohibited. See, Rules, Article VIII, Section 11 and Article XII, Section 1(b)(3).
The Election Officer finds that Messrs. Finley, Eichel, Ellis, Jeffries, and Nickerson all violated the Rules by allowing the union to pay for their attendance at the Hoffa campaign events. Messrs. Finley and Eichel could clearly have flown back to Calgary early Friday evening. Both men admit that their union work was completed by 3:00 p.m. Two flights an hour are offered between Vancouver and Calgary and the flight is a little over one hour long.
Messrs. Ellis and Jeffries state that they decided to stay over until Saturday because they did not know how long union business would run on Friday evening and they are required to reserve their flights in advance in order to utilize their free AIR BC passes. However, the Election Officer finds that the agents could have safely assumed that no union business would have lasted beyond 7:00 p.m., the time the Hoffa event started on Friday night. The last plane back to Prince George on Friday night was around 9:00 p.m. The flight to Prince George from Vancouver is approximately one hour long. Consequently, both agents could have returned to Prince George on Friday evening.
Brad Swannie
August 14, 1998
Page 1
Mr. Nickerson is not a delegate to the Council. He did not attend the Council meeting. His stated purpose for being present in Vancouver on that specific weekend was to attend the drug seminar and to learn about Local Union 31's organizing program. However, there is minimal evidence supporting his claim that he attended the drug seminar. With respect to learning about Local Union 31's organizing program, Mr. Nickerson made very little effort in that regard. While he states that he viewed Local Union 31's tractor trailer truck and viewed some videotapes, he never met with any of the local’s organizers the whole time he was in town. Furthermore, although he claims that he met with Mr. Zimmerman in mid-afternoon on Friday, Mr. Zimmerman was off campaigning with Mr. Hoffa, Mr. Baldwin, and Ms. Peters at that time, as further explained below. Finally, while Mr. Nickerson states that he had no knowledge of the Hoffa campaign events until he arrived in Vancouver, his hotel bill is clearly marked “Teamster-Hoffa Rally.” The Election Officer finds the hotel representative’s explanation of the reservation and rate system persuasive. Whether or not Mr. Nickerson attended the drug seminar or met with Mr. Zimmerman, the timing of his visit to Vancouver, as well as the notation on his hotel bill, lead the Election Officer to conclude that the reason for his trip to Vancouver was primarily to attend the Hoffa fundraisers.
The Election Officer finds no violation of the Rules by Mr. Owen, the Hoffa Slate or Locals 31, 362, and 938.
II The Hoffa Slate Worksite Visit
On the afternoon of Friday, May 8, Messrs. Hoffa, Zimmerman, and Baldwin, along with Ms. Peters, held a press conference and campaigned on the premises of Sky Chef, a Teamster employer located in Vancouver.
Although union members have broad rights to campaign, they do not have the right to campaign during a candidate’s or member’s working hours or on time that is paid for by the union and unions cannot contribute any resources to candidates. Rules, Article VIII, Section 11; Article XII, Section 1.
The Election Officer has consistently denied protests when the protester offers no evidence to corroborate and support his allegations. Hoffa, PR-043-LU385-SCE (January 9, 1998); Pike, P-278-LU952-CLA (January 30, 1996). The protester bears the burden of proof to present evidence that a violation has occurred. Rules, Article XIV, Section 1.
In the instant case, Local Union 31 presented credible evidence, specifically vacation records, supporting the charged parties’ denials of the allegations. The protester presented no evidence that Mr. Zimmerman and Ms. Peters were on union time during this campaign event. Consequently, the Election Officer finds that no violation of the Rules occurred.
Brad Swannie
August 14, 1998
Page 1
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.
The Election Officer orders the following:
1. Business Agents from Local Unions 31, 362, and 938 shall immediately cease and desist from utilizing union resources to support campaigning.
2. Within five (5) working days of receipt of this decision, Mr. Finley is ordered to reimburse Local Union 362 for the cost of his hotel room for Friday night and the difference, if any, between the cost of flying home on Friday evening and the cost of flying home on Saturday. Within one (1) day after reimbursing the Local, Mr. Finley shall file an affidavit with the Election Officer demonstrating compliance with this order, attaching a copy of the hotel bill, the airline bill (if warranted) and the check demonstrating payment to Local Union 362.
3. Within five (5) working days of this decision, Mr. Eichel is ordered to reimburse Local Union 362 for the cost of his hotel room for Friday night and one day’s per diem. Within one (1) day after reimbursing the Local, Mr. Eichel shall file an affidavit with the Election Officer demonstrating compliance with this order, attaching a copy of the hotel bill, his per diem expense sheet and the check demonstrating payment to Local Union 362.
4. Within five (5) working days of this decision, Messrs. Ellis and Jeffries are each ordered to reimburse Local Union 31 for the cost of their Friday night hotel bills. Within one (1) day after reimbursing the Local, Messrs. Ellis and Jeffries shall each file an affidavit with the Election Officer demonstrating compliance with this order, attaching copies of their hotel bills and the checks demonstrating payment to Local Union 31.
5. Within five (5) working days of this decision, Mr. Nickerson is ordered to reimburse Local Union 938 for all of the costs associated with his trip: the three nights at the hotel, his per diem, and all of his plane fare. Within one (1) day after reimbursing the Local, Mr. Nickerson shall file an affidavit with the Election Officer demonstrating compliance with this order, attaching a copy of the hotel bill, the airline bill, and the check demonstrating payment to Local Union 938.
Brad Swannie
August 14, 1998
Page 1
6. Within two (2) working days of this decision, Local Unions 31, 362, and 938 shall post the attached “Notice to Local Union 31, 362, and 938 Members” on all bulletin boards at the local union offices. Within one (1) day of the posting, Local Unions 31, 362, and 938 shall file affidavits with the Election Officer detailing 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 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
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
Enclosure
cc: Kenneth Conboy, Election Appeals Master
Christine M. Mrak, Regional Coordinator
NOTICE TO LOCAL UNION 31, 362, AND 938 MEMBERS
The Election Officer has found that Business Agents of Local Unions 31, 362, and 938 recently used union funds while attending campaign events in support of the candidacy of James P. Hoffa in the International officer rerun election. While the right to participate in campaign activity is guaranteed to all members, the Election Rules prohibit the use of any union funds and union resources for campaigning.
__________________________ ______________________________
Date Michael G. Cherkasky
Election Officer
This is an official notice which must remain posted for 60 consecutive days and must not be defaced or altered in any manner or be covered with any other material.