June 19, 1998
VIA UPS OVERNIGHT
Stefan Ostrach
June 19, 1998
Page 1
Stefan Ostrach
110 Mayfair Lane
Eugene, OR 97404
Randy Cammack, Secy. - Treas.
Teamsters Local Union 63
845 Oak Park Road
Covina, CA 91724
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
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Terry W. Meadows
c/o Days Inn
1431 West Dixon Boulevard
Shelby, NC 28152
Tim Buban
4220 South Katherine Drive
New Berlin, WI 53151
Stefan Ostrach
June 19, 1998
Page 1
Re: Election Office Case Nos. PR-126-LU63-EOH
PR-130-LU63-EOH
PR-131-LU63-EOH
Gentlemen:
Stefan Ostrach
June 19, 1998
Page 1
Stefan Ostrach, a member of Local Union 57, (PR-126), Terry Meadows, a member of Local Union 916, (PR-130), and Tim Buban, a member of Local Union 200, (PR-131), filed pre-election protests pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) against Randy Cammack, a declared candidate for International vice-president at-large and Secretary-Treasurer of Local Union 63. The protesters allege that Mr. Cammack used union resources to mail out campaign literature. Mr. Cammack admits he mailed campaign literature in local union envelopes to delegates who are receiving ballots in the supplemental nomination process.
These protests were investigated by Director of Campaign Finance Leslie Deak.
Under the Rules, “[n]o Union funds or other things of value shall be used, directly or indirectly, to promote the candidacy of any individual. Union funds, facilities, equipment, stationery, personnel, etc., may not be used to assist in campaigns unless the Union is compensated at fair-market value for such assistance, and unless all candidates are provided equal access to such assistance and are advised in advance, in writing, of the availability of such assistance.” Article XII, Section 1(b)(3).
On or about June 13, 1998, 1,748 pieces of campaign literature promoting Mr. Cammack’s candidacy were mailed to all the delegates. The literature was sent in local union envelopes. The mailing postage was financed by Mr. Cammack’s campaign. The literature was sent from a mail house that handles mailings for both Local Union 63 and Mr. Cammack’s campaign.
Mr. Cammack discovered the mail house’s error on or about June 16, 1998. Recognizing that the mailing violated the Rules, Mr. Cammack immediately contacted Deputy Election Officer Benetta M. Mansfield. Mr. Cammack stated that he wanted to do whatever was necessary to remedy the Rules violation. By letter dated June 16, 1998, Ms. Mansfield ordered the following to remedy the violation:
1. Mr. Cammack will immediately cease and desist from using local union resources in support of his campaign.
2. Within one (1) day of June 16, 1998, Mr. Cammack will reimburse Local Union 63 for the cost of the envelopes.
3. Within two (2) days of the date of this letter, Mr. Cammack’s campaign will mail the attached “Notice to Delegates Entitled to Vote for Supplemental Nominations and Members of Local Union 63" to the 1,748 delegates who received the improper campaign mailing. The envelope shall contain only the notice and no literature or communication from Mr. Cammack. In addition, within one (1) day of the date of this letter, Mr. Cammack shall post the attached Notice on all bulletin boards at the Local Union 63 offices.
4. Within three (3) days after June 16, 1998, Mr. Cammack shall file an affidavit with the Election Officer detailing his compliance with this letter and attaching a copy of his payment to the local union.
Stefan Ostrach
June 19, 1998
Page 1
On June 19, 1998, the Election Office received Mr. Cammack’s affidavit evidencing his compliance with this order. As Mr. Cammack has remedied the violation, the Election Officer considers these protests resolved.
Accordingly, these protests are hereby RESOLVED.
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