August 25, 1998
VIA UPS OVERNIGHT
Nancy Yoke
August 25, 1998
Page 1
Nancy Yoke
1229 NE Birchwood Drive
Lee’s Summit, MO 64086
John Metz, Secy. - Treas.
Teamsters Local Union 610
1401 Hampton Avenue
St. Louis, MO 63139
Tom Sever
Acting General President
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
David L. Neigus
Acting General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
George O. Suggs, Esq.
Wilburn & Suggs
1015 Locust
Suite 818
St. Louis, MO 63101
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
Bradley T. Raymond, Esq.
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
Nancy Yoke
August 25, 1998
Page 1
Re: Election Office Case Nos. PR-125-JC56-EOH
PR-134-JPH-EOH
Gentlepersons:
Related pre-election protests were filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by Nancy Yoke, a member of Local Union 41, and James P. Hoffa against John Metz and Tom Sever. Mr. Hoffa and Mr. Metz are opposing candidates for general president. Mr. Sever is a candidate for general secretary - treasurer and is affiliated with the John Metz Slate.
Nancy Yoke
August 25, 1998
Page 1
In PR-125, Ms. Yoke alleges that a flyer supporting members of the John Metz Slate was sent to local unions for distribution and failed to include distribution instructions as previously required by the Election Officer. In PR-134, Mr. Hoffa made a similar allegation and additionally charges that the flyer was distributed using union resources, originating from IBT headquarters in Washington, D.C. Both Mr. Metz and Mr. Sever deny sending the flyer and further deny any knowledge of it.
Because the protests contained common allegations, the protests were consolidated. The protests were investigated by Election Office Staff Attorney Peter F. Gimbrère.
Ms. Yoke is employed by Joint Council 56 in Kansas City, Missouri. On June 17, she discovered that the facsimile machine in her office had received a flyer containing language supporting the John Metz Slate. The flyer urged recipients to “Post Distribute Fax.” No transmittal sheet or other instructions accompanied the flyer and the flyer contained no information from which the sender could be identified.
The Rules at Article VIII, Section 5(a)(4) provide that:
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, literature distribution at meetings, literature distributions tables, etc.
Article XII, Sections 1(b)(1) and (3) of the Rules prohibit a labor organization from using its funds or resources “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.
The Election Officer has previously established that faxing campaign material by candidate to a local union is not a violation of the Rules, so long as the local union does not discriminate against any candidate or slate in disseminating the materials, once received. Committee to Elect Ron Carey, P-512-IBT (March 28, 1991). Thus, the Election Officer has “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.” Buck, P-919-LU745-SOU (November 5, 1996), aff’d, 96 - Elec. App. - 274 (KC) (November 15, 1996). All candidates are required to endorse all such campaign literature with appropriate instructions. Hall, PR-106-JHC-NCE (June 8, 1998).
Nancy Yoke
August 25, 1998
Page 1
The flyer at issue does not contain this disclaimer language and consequently constitutes a violation of the Rules.
However, neither protester submitted sufficient evidence to establish the identity of the sender of this material. Further investigation conducted by the Election Office similarly failed to ascertain the location of the facsimile machine responsible for sending the Metz Slate flyer to Local Union 693. None of the facsimile machines at the IBT Headquarters produced an indelible mark similar to that on either the flyer at issue or on the June 22 IBT Communications Department memo. None of the faxes sent from the commercial faxing service utilized by the IBT and reviewed by the Election Office contained a similar tag line. The Election Officer notes that to reprogram the tag line to add or delete specific sender information is a simple matter.
The evidence is therefore insufficient to establish that any member or supporter of the John Metz Slate, including Mr. Sever, used a union facsimile machine to transmit the campaign material.
Accordingly, the protest is DENIED.
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