Protest Decisions

October 14, 1998

VIA FIRST CLASS MAIL

Mark C. Woods

October 14, 1998

Page 1

Mark C. Woods

9500 Babcock Boulevard, #8

Allison Park, PA 15101

Thomas R. Johnston, President

Teamsters Local Union 249

4701 Butler Street

P.O. Box 40128

Pittsburgh, PA XXX-XX-XXXX

Hoffa Slate

c/o Patrick J. Szymanski, Esq.

Baptiste & Wilder

1150 Connecticut Avenue, NW

Suite 500

Washington, DC 20036

Tom Leedham Campaign Office

P.O. Box 15877

Washington, DC 20003

Kenneth L. Hollowell

15336 Robson Road

Detroit, MI  48216

Robert H. Spearman

D-13 121 Bybee Drive

McMinnville, TN 37110

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

C. Sam Theodus

202 James Circle

Avon Lake, OH 44012

George W. Cashman

15 Willow Street

Woburn, MA 01801

John Metz

302 Waterside Drive

Wildwood, MO 63040

Mark C. Woods

October 14, 1998

Page 1

Re: Election Office Case No. PR-321-LU249-EOH

Gentlemen:

Mark C. Woods

October 14, 1998

Page 1

Mark Woods, a member of Local Union 249, 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 the Hoffa campaign, Local Union 249 Trustee Dennis Tragesser and Administrative Assistant Thomas Corbett.  The protester alleges that at the monthly stewards’ meeting on October 5, 1998, Mr. Tragesser handed out Hoffa campaign posters and flyers to a few of the stewards immediately before the meeting was called to order.  The protester also alleges that Mr. Corbett made an announcement that he was selling raffle tickets for the Hoffa campaign when the meeting was adjourned but stewards were still in the room.  Mr. Tragesser maintains that the local union as an entity does not support any candidate and that the local union generally allows members to leave campaign literature at the hall for general distribution, regardless of the candidate or slate.

Mr. Tragesser denies distributing or handing out any Hoffa campaign material to the stewards.  Mr. Corbett states that he did not observe anyone handing out the campaign material to the stewards.  Both Mr. Tragesser and Mr. Corbett admit that Hoffa campaign material was on the table for the duration of the meeting.   Mr. Corbett admits that he made an announcement at the end of the meeting that anyone wanting to buy tickets for the fundraiser for the Hoffa campaign on Sunday, October 11, 1998, at Boys Park should see Mr. Corbett later.  Mr. Corbett maintains that no one bought tickets from him while inside the local union hall.  

This protest was investigated by Election Office Staff Attorney Kathryn A. Naylor.

The investigation revealed that on October 5, 1998, a stewards’ meeting was held inside the hall of Local Union 249.  Mr. Corbett and other stewards have stated that a poster/sign and flyers for the Hoffa slate were on the table for the duration of the meeting.  There is a dispute as to whether Trustee Tragesser distributed Hoffa campaign posters and flyers to a few stewards before the meeting was called to order and while stewards were assembling in the room. 

During the meeting, a steward asked whether the local union supports Mr. Hoffa. Secretary-Treasurer Hubert Dietrich responded that the local union does not support or endorse any candidate or slate.  Mr. Dietrich also mentioned the upcoming election in neutral terms and the local union’s responsibility to post the Notice of Election on bulletin boards immediately.  When the meeting adjourned and while stewards were still in the room, Mr. Corbett stated that someone asked if any candidates were coming to town and Mr. Corbett responded that Mr. Hoffa will be at Boys Park on Sunday, October 11, 1998.  Mr. Corbett then announced that he had tickets for this event and  if anybody wanted to buy tickets they should see him later.  There is no evidence that Mr. Corbett sold any tickets inside the hall.  Mr. Corbett states that the local union prohibits campaigning inside the hall in support of the candidates running for local union or international office. 

On October 9, 1998, after speaking with the investigator, Mr. Corbett sent a letter to the stewards and members who attended the October 5 stewards meeting that stated,

Mark C. Woods

October 14, 1998

Page 1

It appears that we may have inadvertently left an impression on some of you that Local 249 supports one candidate over another in the upcoming election of General President of the International Brotherhood of Teamsters.

Local 249, as Secretary-Treasurer Dietrich stated, does not support any particular candidate.  Every member is free to support whomever they wish.  Our bulletin boards are open to all candidates.

Hope this clarifies any misunderstanding which may have occurred last week.

The Rules carefully regulate campaigning at union meetings.  Article VIII, Section 5(a), in relevant part, reads as follows:

(4) A Local Union shall not discriminate or permit discrimination in favor or against any candidate in conjunction with its meeting or otherwise.  This requirement shall apply not only to formal presentations by or on behalf of candidates but also informal campaign activities, such as, for example, comments on candidates during meetings, literature distribution at meetings, literature distribution tables, etc.

The Rules set forth campaigning procedures for local union meetings which are non-discriminatory and pre-planned.  An opportunity to campaign at a union meeting must be made equally available to all candidates, with advance notice.  See Kapitula, P-1104-LU401-PHL (November 22, 1991). 

It is uncontested that the display of only Hoffa campaign material on the table during the meeting and Mr. Corbett’s statement regarding the Hoffa fundraiser and sale of tickets for the event were all plainly campaigning.  Although the statement regarding the Hoffa fundraiser and sale of tickets to the event was made at the end of the meeting, the stewards were still in the room.  See Galcatcher, PR-078-LU523-SOU (May 20, 1998).   

The Election Officer finds that the officers of Local Union 249 allowed campaigning on behalf of the Hoffa slate without offering, in advance, a similar opportunity to other candidates, thereby violating the Rules.  See Fiori, P-988-LU726-CHI (October 11, 1996); Passo, P-921-LU705-CHI (September 26, 1996).

Accordingly, the protest is GRANTED.

Mark C. Woods

October 14, 1998

Page 1

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.

Although the Election Officer notes that Mr. Corbett has sent a letter to all the stewards who attended the meeting stating that Local Union 249 does not support any particular candidate and every member is free to support any candidate, this letter does not address the discriminatory opportunity that was afforded the Hoffa campaign.   The Election Officer finds that the local union must afford the same opportunity to the other slates and appropriate independent candidates.  The Election Officer orders the following remedy:

1.              The officers and trustees of Local Union 249 shall cease and desist from utilizing local union facilities or resources to support any candidate in the International officer election.  The officers and trustees of Local Union 249 shall not allow any campaigning at union meetings unless that opportunity is made equally available, in advance, to all candidates.

2.              The next scheduled stewards meeting is not until November 2, 1998, the day ballots will be mailed to members.  The Election Officer therefore concludes that in order to provide the competing candidates with a comparable campaign opportunity, Local Union 249 shall mail to the stewards who attended the October 5, 1998 meeting campaign literature provided to the local union by the Tom Leedham “Rank and File Power” Slate, the John Metz Slate, and independent candidates, Kenneth Hollowell, Robert Spearman, C. Sam Theodus and George W. Cashman.  The literature shall be no more than two pages, printed on one side, 8 ½ inches by 11 inches.  The literature shall be provided to Local Union 249 in camera-ready form by Friday, October 23, 1998.  The cost of duplication and mailing shall be borne by Local Union 249.  Local Union 249 shall mail copies of the submitted campaign materials by first class mail to all Local Union Stewards by Monday, October 26, 1998.  The Tom Leedham “Rank and File Power” Slate, John Metz Slate, and independent candidates, Kenneth Hollowell, Robert Spearman, C. Sam Theodus and George W. Cashman, shall provide the Election Officer with a copy of the campaign literature at the same time that a copy is provided to Local Union 249.[1]

Mark C. Woods

October 14, 1998

Page 1

3.              Local Union 249 shall submit an affidavit to the Election Officer by October 28, 1998, detailing its compliance with this order.

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

Sincerely,

Michael G. Cherkasky

Election Officer

cc:              Kenneth Conboy, Election Appeals Master