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Office of the Election Supervisor for the International Brotherhood of Teamsters


              August 25, 1998




Frank W. Halstead

August 25, 1998

Page 1


Frank W. Halstead

260 La Follette Drive

Los Angeles, CA  90042


Ken Haarala, Business Agent

Teamsters Local Union 63

845 Oak Park Road

Covina, CA  91724


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

James P. Hoffa

2593 Hounds Chase

Troy, MI  48098


Bradley T. Raymond, Esq.

Finkel, Whitefield, Selik,

  Raymond, Ferrara & Feldman

32300 Northwestern Highway

Suite 200

Farmington Hills, MI  48334


Thomas Leedham Campaign Office

Post Office Box 15877

Washington, DC  20003


Arthur Z. Schwartz, Esq.

Kennedy, Schwartz & Cure

113 University Place

New York, NY  10003


Frank W. Halstead

August 25, 1998

Page 1


Re:  Election Office Case No. PR-206-LU63-EOH




Frank W. Halstead, a member of Local Union 572, 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 Randy Cammack, secretary - treasurer of Local Union 63 and candidate for vice - president, and James P. Hoffa, candidate for general president.  The protester alleged that Volume II, Issue 2 of the Teamsters Local 63 (Summer 1998) newsletter contained two photographs which supported the candidacy of Mr. Cammack and Mr. Hoffa.   Mr. Hoffa and Mr. Cammack respond that the photographs are not improper because the Rules permit members to wear campaign clothing and the articles concerned legitimate union business.


This protest was investigated by Election Office Counsel David S. Paull.


Frank W. Halstead

August 25, 1998

Page 1


Local Union 63 and Mr. Cammack admit that Teamsters Local 63 is a union-financed publication.  The protested photographs appear on page 9 of the newsletter and accompany an article summarizing some of Local Union 63's activities with UPS.  Ken Haarala, a business agent employed by Local Union 63 and chief of Local Union 63's UPS division, is depicted.  In both pictures, Mr. Haarala wears a shirt displaying a Hoffa/Cammack slogan.


The Rules at Article XII, Section 1(b)(1) provide, in pertinent part, as follows:


No labor organization, including but not limited to the International Union, Local Unions and all other subordinate Union bodies, whether or not an employer, may contribute, directly or indirectly, anything of value, where the purpose, object or foreseeable effect of the contribution is to influence, positively or negatively, the election of a candidate . . . No candidate may accept or use any such contribution.  These prohibitions extend beyond strictly monetary contributions made by a labor organization and include contributions and use of the organization’s stationery, equipment, facilities and personnel.


Using union resources to display a photograph of an individual exhibiting a campaign emblem is prohibited by the RulesYeakel, P-256-LU773-PNJ et.seq. (January 4, 1996), aff’d, 96 - Elec. App. - 57 (KC) (January 23, 1996). 


Mr. Hoffa’s representative states that “It is our understanding that Mr. Haarala specifically advised the photographer when his picture was taken that the inscription on his t-shirt should be blocked out when the photos were published.”  Nevertheless, the words supporting the candidates are shown.  The use of a union-financed newsletter to print these photographs of this kind is prohibited.


Accordingly, 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.  Pursuant to the Rules at Article XII, Section 1(b)(9), candidates are strictly liable to insure that each contribution received is not prohibited.  Article XII, Section 1(b)(10) states that “Ignorance by a candidate . . . that union or employer funds or other resources were used to promote a candidacy shall not constitute a defense to an allegation of the violation of the Rules.”


The Election Officer therefore orders that:


Frank W. Halstead

August 25, 1998

Page 1


1.  Local Union 63 cease and desist from contributing union resources to support the candidacies of Mr. Hoffa and Mr. Cammack and that Mr. Hoffa and Mr. Cammack shall cease and desist from accepting such union resources as contributions.


2.  Within seven (7) days of receipt of this decision, Local Union 63 shall post the attached “Notice To Local Union 63 Members” on all bulletin boards within the union hall, all satellite union halls and all worksites for a period of thirty (30) days.  Further, Local Union 63 shall file an affidavit detailing compliance with this order within ten (10) days of receipt of this decision.


An order of the Election Officer, unless otherwise stayed, takes immediate effect against a party found to be in violation of the RulesIn 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.






Michael G. Cherkasky

Election Officer





cc:              Kenneth Conboy, Election Appeals Master






The Election Officer has found that Local Union 63 utilized the union resource of its newsletter to support the candidacy of James P. Hoffa and Randy Cammack in the International officer rerun election.  This use of union resources is in violation of the Election Rules.  Under the Election Rules, union resources may not be used for campaigning.

The Election Officer has ordered Local Union 63 to cease and desist from this activity and has further ordered James P. Hoffa and Randy Cammack to cease and desist from accepting all such improper contributions. 



_________________________              ______________________________________

Date                                                                      Michael G. Cherkasky

Election Officer











This is an official notice which must remain posted for 30 consecutive days and must not be defaced or altered in any manner or be covered with any other material.