September 29, 1998
VIA FIRST CLASS MAIL
M.C. Jordan
September 29, 1998
Page 1
M.C. Jordan
3130 Gray Street
Smyrna, GA 30082
Nelson Wright, Asst. BA
Teamsters Local Union 528
2540 Lakewood Avenue, S.W.
Atlanta, GA 30315
Kenneth E. Hilbish, President
Teamsters Local Union 528
2540 Lakewood Avenue, S.W.
Atlanta, GA 30315
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
M.C. Jordan
September 29, 1998
Page 1
Re: Election Office Case No. PR-276-LU528-EOH
Gentlepersons:
A pre-election protest was filed by M.C. Jordan, a member of Local Union 528, pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”), against the Hoffa Unity Slate and Local Union 528. Mr. Jordan alleges that vehicles leased by Local Union 528 which are used by Business Agent Julia Holt and Vice-President Nelson Wright display campaign materials, specifically “Hoffa ‘98" bumper stickers. Local Union 528 denies any Rules violation.
The protest was investigated by Protest Chief Mary E. Leary.
Local Union 528 states that it provides automobiles to employees and officers and that their by-laws allow for personal use of the automobiles. They provided a copy of the by-laws to the investigator. The by-laws state, in pertinent part:
M.C. Jordan
September 29, 1998
Page 1
In such instances where the Local Union either provides an automobile or provides an allowance for the use of an automobile it is recognized that such officers or employees are required to be on instant call at all times, may be required to garage such car, and are responsible for its safekeeping. Accordingly, for the convenience of the Union as partial compensation for such additional responsibilities, such officers shall be permitted private use of such car on around-the-clock, continuous basis, including private use when the car is not required on Union business.
The Rules at Article VIII, Section 11(c) provide:
Union officers and employees provided with Union-owned or leased cars, if otherwise afforded the right to utilize those cars for personal activities, may use the cars for campaign activities, provided no costs, or expenses incurred as a consequence, of such use are paid out of Union funds or other prohibited sources.
Therefore, it is no violation for the officers and employees of Local Union 528, specifically including Ms. Holt and Mr. Wright, to display campaign stickers on their union leased automobiles. See Van Der Woude, P-1041-LU194-PNJ (October 28, 1996), Lester, P-1277-LU294-PGH (November 26, 1996).
Based on the foregoing, the protest is DENIED.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within one 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 N. Captiol 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
M.C. Jordan
September 29, 1998
Page 1