June 8, 1998
VIA UPS OVERNIGHT
Ken Hall
June 8, 1998
Page 1
Ken Hall, Director
Parcel and Small Package Trade Division
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Hoffa Slate
c/o Patrick J. Szymanski, Esq.
Baptiste & Wilder
1150 Connecticut Avenue, NW
Suite 500
Washington, DC 20036
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
Thomas W. Leedham
Teamsters Local Union 206
1860 Northeast 162nd Avenue
Portland, OR 97230
Stand Up Slate
c/o Jeraldine Cheatem
Post Office Box 288492
Chicago, IL 60628
Ken Hall
June 8, 1998
Page 1
Re: Election Officer Case No. PR-106-JHC-NCE
Gentlemen:
Ken Hall, a member of Local Union 175 and a self-declared candidate for general president in the rerun election, 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 James P. Hoffa and the Hoffa Slate. Mr. Hall contends that the Hoffa Slate’s distribution of campaign material by facsimile to local unions in the United States and Canada constitutes an impermissible use of union resources in violation of Article VIII, Section 11(c) of the Rules. The Hoffa Campaign admits that it distributed the material but contends that no Rules were violated.
The protest was investigated by Regional Coordinator Judith E. Kuhn.
Ken Hall
June 8, 1998
Page 1
The leaflet, entitled “Hoffa-gram . . . Jim Hoffa is Unifying the Teamsters” and dated May 18, 1998, is campaign material. The words “[p]lease copy and distribute” are included at the bottom of the leaflet. The Hoffa Campaign admits that it “blast” faxes Hoffa-grams to local unions and has been faxing similar campaign material to local unions since 1995.
The protester argues that the Election Officer’s recent decision in Hoffa, PR-081-IBT-NCE (May 13, 1998) shows that the use of union resources such as telephones, even if only to receive campaign-related communications, is a violation of Article XII of the Rules.[1]
The Hoffa Campaign contends that the decision in Committee to Elect Ron Carey, P-512-IBT (March 28,1991) supports the argument that a candidate’s faxing of campaign materials to local unions does not violate the Rules, “provided the locals did not discriminate against candidates or slates in disseminating the materials, once received.”
Article XII, Sections 1(b)(1) and (3) of the Rules prohibit a union from using its funds “to promote the candidacy of any individual.” The Rules define campaign contribution broadly to include any direct or indirect contribution where the purpose, object or foreseeable effect of that contribution is to influence the election of a candidate. Rules, Definitions, 5. Article VIII, Section 11(c) prohibits the use of union funds and facilities 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 notified in advance, in writing, of the availability of such assistance.
It is well established that all candidates retain the right to distribute campaign material to the membership. Rules, Article VIII, Section 7. In Buck, P-919-LU745-SOU (November 5, 1996), aff’d, 96 - Elec. App. - 274 (KC) (November 15,1996), the Election Officer reaffirmed precedent which allowed candidates to send campaign literature to local unions for distribution to the membership as long as such distribution was performed in accordance with the Rules.[2] As the Election Officer stated in Buck,
Ken Hall
June 8, 1998
Page 1
The Election Officer reaffirms Committee to Elect to the extent that it permits candidates to send quantities of campaign literature to local unions for proper distribution in accordance with the Rules at Article VIII, Section 7. The opportunity for candidates to benefit from such distribution, when authorized, must be extended to every candidate for the office on an equal basis. It is both reasonable and necessary for the Election Officer to impose on candidates who take advantage of this benefit, the obligation to share in the responsibility of assuring that any literature sent to local unions for distribution be disseminated in accordance with the Rules.
Buck, P-919-LU745-SOU at 9.
Thus, the Election Officer “require[d] all candidates sending campaign literature to IBT local unions for distribution to advise them, in writing, that campaign literature may be distributed only in a non-discriminatory manner through the use of a literature distribution table open to all candidates.” Id.
The Election Officer agrees that faxing campaign material to local unions is not a violation of the Rules, and that all candidates may do so. The statement at the bottom of the “Hoffa-gram” requesting the recipient to “please copy and distribute,” however, does not comply with the Election Officer’s previous ruling that required candidates to notify local unions of the strict limitations that apply to campaign material offered for distribution through a local. Particularly in the context of a fax received at the union office, the request to “please copy and distribute” could be construed as suggesting that a local union could freely use its resources to reproduce the material. That use of resources would be improper under Article VIII, Section 11(c) of the Rules. Therefore, the Election Officer requires all candidates and campaigns that fax or otherwise deliver campaign material to IBT local unions or other IBT subordinate entities for distribution in accordance with that subordinate entity’s policies to include the following on the document:
Union resources may not be used to copy this document. Campaign literature may be distributed by a local union only in a non-discriminatory manner through the use of a literature distribution table open to all candidates.
Accordingly, this protest is hereby 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:
Ken Hall
June 8, 1998
Page 1
Within five (5) days of this decision, the Hoffa campaign shall fax the attached “Notice to IBT Local Unions” to all IBT local unions to which the Hoffa-gram was faxed. Within one (1) day after faxing the Notice, the Hoffa campaign shall file an affidavit with the Election Officer demonstrating 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
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, Regional Coordinator
NOTICE TO ALL LOCAL UNIONS
The Election Officer recently determined that the Hoffa Campaign violated the Election Rules by distributing a campaign leaflet to local unions by facsimile that included a statement requesting the recipient to “please copy and distribute.” The Election Officer has determined that language does not notify the recipient of the rules which govern the distribution of that campaign material. All campaign literature distributed by candidates to local unions or other IBT subordinate bodies by facsimile or any other delivery method must contain the following language:
Union resources may not be used to copy this document. Campaign literature may be distributed by a local union only in a non-discriminatory manner through the use of a literature distribution table open to all candidates.
____________________ ________________________
Date James P. Hoffa
Candidate for General President
Approved by Michael G. Cherkasky, Election Officer.
[1] In both PR-081 and PR-082, short telephone calls involving campaign activity were made to and from local union offices.
[2] See Committee to Elect, supra.