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Office of the Election Supervisor for the International Brotherhood of Teamsters

              September 22, 1998

 

VIA FIRST CLASS MAIL

 


Tom Leedham Slate

September 22, 1998

Page 1

 

Tom Leedham Slate

c/o Tom Leedham Campaign Office

P.O. Box 15877

Washington, DC 20003

 

Gerald L. Hood, Secretary-Treasurer

Teamsters Local Union 959

4300 Boniface Parkway,4th Floor

Anchorage, AK 99504

 

Arthur Z. Schwartz, Esq.

Kennedy, Schwartz & Cure

113 University Place

New York, NY 10003


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

 

Hoffa Slate, c/o Patrick J. Szymanski, Esq.

Baptiste & Wilder

1150 Connecticut Avenue NW, Suite 500

Washington, DC 20036


Tom Leedham Slate

September 22, 1998

Page 1

 

Re:  Election Office Case No.  PR-262-LU959-EOH

 

Gentlemen:

 

Tom Leedham, a candidate for general president, filed a pre-election protest pursuant to the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) against Local Union 959.  Mr. Leedham alleged that the Alaska Teamster, a regular union-financed publication of Local Union 959, contained a statement which supported his opponent.  Local Union 959 has not responded to the protest.  James P. Hoffa, a candidate who opposes Mr. Leedham for general president, contends that the protested statement does not support his candidacy and that he had “nothing to do with drafting or disseminating the newsletter in question.”

 

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

 

The protest focuses on the Alaska Teamster dated for July - September 1998.  An article entitled “International Slates And Candidates Announced” appeared on page 6 of the newsletter.  The article listed the various slates and independent candidates and further set out the election schedule as it existed at that time.  Additionally, the article contained the following statement:

 


Tom Leedham Slate

September 22, 1998

Page 1

 

You will note the Jim Hoffa Unity Slate is the only slate which chose to field a candidate for each Executive Board position provided for by the IBT constitution.

 

Article VIII, Section 8(a) of the Rules states that a union-financed publication or communication may not be “used to support or attack any candidate or the candidacy of any person.”  In reviewing union-financed communications for improper campaign content, the Election Officer looks to the tone, content and timing of the publication.  Martin, P-010-IBT-PNJ, (August 17, 1995), affd, 95 - Elec. App. - 18 (KC) (October 2, 1995).  The Election Officer also considers the context in which the communications appeared.

 

              In Martin, the Election Officer recognized that union officers and officials have a “right and responsibility to exercise the powers of their office to advise and report to the membership on issues of general concern.”  (Quoting Camarata v. International Bhd. of Teamsters, 478 F. Supp. 321, 330 (D.D.C. 1979), aff’d, 108 L.R.R.M. (BNA) 2924 (D.C. Cir. 1981).  Prior decisions of the Election Officer have also noted that so long as a report or communication on the activity of an incumbent is addressed to the regular functions, policies and activities of such incumbents as officers involved in matters of interest to the membership, and not as candidates for reelection, there is no violation of [the Act]Donovan v. Metro Dist. Council, 797 F.2d 140, 145 (3d Cir. 1986), citing Camarata, supra.

 

The protester contends that “[T]his commentary amounts to the use of the newsletter to make an improper campaign pitch for the Hoffa Slate.”  The sentence protested, however, fails to express support for any candidate.  Rather, the remark informs members that only one slate has selected a candidate for each position and, in a non-partisan manner, names the slate.  Because the members will have the option to select a single slate or cast a ballot for individual candidates, this information is both newsworthy and legitimate.  Therefore, Local Union 959 did not violate the Rules when it used union funds and its regular publication to supply members with this information.   Carter, P-377-LU71-SEC (February 16, 1996) (union-financed publication may report election-related information).

 

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:

 


Tom Leedham Slate

September 22, 1998

Page 1

 

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

 

 

 

cc:              Kenneth Conboy, Election Appeals Master