January 6, 1999
VIA FIRST-CLASS MAIL
Harold Wilson
January 6, 1999
Page 1
Harold Wilson
164 Haddon Road, SW
Calgary, AB T2V 2Y3
CANADA
Roy A. Finley, Sec.-Treas.
Teamsters Local Union 362
1200A 58th Avenue, SE
Calgary, AB T2H 2C9
CANADA
Louis Lacroix Team Canada Slate
c/o Ron Douglas
Teamsters Canada
#204-1867 W. Broadway
Vancouver, BC V6J 4W1
CANADA
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
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
Arthur Z. Schwartz, Esq.
Kennedy, Schwartz & Cure, P.C.
113 University Place
New York, NY 10003
Harold Wilson
January 6, 1999
Page 1
Re: Election Office Case No. PR-369-LU362-EOH
Gentlemen:
Harold Wilson
January 6, 1999
Page 1
Harold Wilson, a member of Local Union 362, filed a protest pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) against Local Union 362. The protester alleges that Local Union 362 used union resources to mail campaign literature supporting the Hoffa Unity Slate (“Hoffa Slate”) to members of the local union. The protester claims that the mailing labels were generated using the local union’s TITAN system and improperly contained members’ social security and employee numbers. The protester also alleges that Secretary-Treasurer Roy Finley and Business Agents Al Porter and Rick Eichel personally distributed campaign literature to members at worksites on union time on November 2, 1998. The protester additionally alleges that Business Agent Tony Atkins personally distributed campaign literature to Marcel Foisey, a shop steward for Blanchard Transport, on November 3, 1998 while on union time.
In response, Mr. Finley states that on October 27, 1998, he received a letter from Garnet Zimmerman, a candidate for Canadian vice-president, requesting that Local Union 362 mail campaign literature to all members of the local union by October 29, 1998, in accordance with Article VIII, Section 7 of the Rules. Mr. Finley states that he informed the Zimmerman campaign that the local union would provide the mailing labels for the local union’s membership to the campaign but would not handle any other aspect of the mailing. Mr. Finley states that he provided the labels to the Zimmerman campaign in accordance with his interpretation of the Rules and the local union’s obligation to arrange for the mailing of campaign literature upon receiving a written request from a candidate. Mr. Finley states that the Zimmerman campaign was not charged a monetary fee for producing the labels because the time and labor of the TITAN operator and the supplies involved were minimal. Mr. Finley also states that the local union was fully prepared to provide mailing labels to other candidates in the same fashion but did not receive a request to mail campaign literature from any other candidate.
Mr. Finley admits that he and several business agents, including Messrs. Porter and Eichel, used vacation time to campaign and to distribute campaign literature supporting the Hoffa campaign to members at various worksites during the week of November 2. Mr. Finley stated that he and Messrs. Porter and Eichel scheduled their vacation time during this week to coincide with the mailing of the ballots by the Election Officer on November 2, 1998.
Tony Atkins admitted that he met with Mr. Foisey, his shop steward for Blanchard Transport, on November 3, 1998, on union time. Mr. Atkins stated that during the course of their meeting, he gave Mr. Foisey campaign literature supporting the Hoffa Slate and asked Mr. Foisey to distribute the literature to members at Blanchard Transport. However, Mr. Atkins claims that his meeting with Mr. Foisey lasted approximately 30 minutes, which entailed observing Mr. Foisey dump fuel and discussing aspects of the fuel dumping process and grievances that were pending at Blanchard Transport. Mr. Atkins contends that his comment to Mr. Foisey regarding distributing the campaign literature to members lasted 35 to 40 seconds and was incidental to his discussion of union matters for half an hour. Mr. Atkins noted that he regularly meets with his shop stewards on union time at other locations besides the employer’s facility in order to observe the stewards’ work and to discuss grievances and other union business.
The protest was investigated by Election Office Staff Attorney Kathryn A. Naylor.
Harold Wilson
January 6, 1999
Page 1
The investigation revealed that Local Union 362 provided mailing labels at no charge to the Zimmerman campaign. The mailing labels included the member’s name, address, local union number, scrambled social security number and respective employer TITAN code. The investigation confirmed that Messrs. Finley, Porter and Eichel distributed campaign literature to members at worksites during the week of November 2, 1998, while on vacation time. Additionally, Mr. Foisey confirmed that he met with Mr. Atkins for approximately 30 minutes on November 3, 1998, that Mr. Atkins wanted to meet to observe the fuel dumping process and that their exchange regarding the distribution of the campaign literature lasted a matter of seconds while the majority of the conversation concerned the mechanics of dumping fuel, grievances and other union business at Blanchard Transport.
Article VIII, Section 7 of the Rules entitles candidates for International office with the right to have their campaign literature distributed by the local union at the candidate’s expense. Upon receiving the candidate’s written request to have campaign literature distributed, the local union may elect to use the local union’s staff to handle the mailing, or to arrange for a mailing service to process and to distribute the mailing. If the local union refuses to make arrangements with a mailing service, the local union must allow the candidate’s designees to process and to distribute the campaign literature. The Rules require the local union to use the current names and addresses that are on file for all relevant members in good standing and to prepare the labels using the least expensive method available to the local union. If the local union receives requests from more than one candidate, the local union must distribute or arrange for the distribution through a mailing service under the same conditions and costs that were made available to the first candidate who made the request. The candidate must pay, on a reasonable basis, for the actual cost of distribution, including stationery, duplication, time required to do the work and postage for mailing.
Local Union 362's delivery of mailing labels to Mr. Zimmerman’s campaign was not inconsistent with the requirements of Article VIII, Section 7, except for the fee basis. The investigator explained to Mr. Finley that Local Union 362 must be reimbursed for the cost of generating the labels. At the investigator’s direction, on November 19, 1998, Mr. Finley billed the Zimmerman campaign for $13.22 (Canadian dollars) to cover the cost of the 4,000 labels that were used. In light of the fact that the TITAN operator took less than five minutes to program the generation of the labels, the Election Officer finds the cost for such labor de minimus.
Harold Wilson
January 6, 1999
Page 1
Article XII, Section (b)(4) of the Rules prohibits a member from campaigning during time that is paid for by the union or by any employer. However, Article VIII, Section 11(b) of the Rules provides that campaigning incidental to regular Union business is not violative of the Rules. The Election Officer decides whether campaigning is incidental to regular union business by making a factual determination as to whether the member would have participated in the official union function if the campaign event did not occur. Riga, P-107-LU576-CSF (January 22, 1991), aff’d, 91 - Elec. App. - 60 (February 6, 1991). Both Messrs. Atkins and Foisey indicated to the investigator that the primary reason Mr. Atkins wanted to meet with Mr. Foisey was to observe the fuel dumping process. Moreover, considering the fact that Mr. Atkins and Mr. Foisey discussed the fuel dump and other union business for the vast majority of the 30 minutes while Mr. Atkins’ remarks to Mr. Foisey to distribute campaign literature only lasted a matter of seconds, the Election Officer finds that Mr. Atkins met with Mr. Foisey first and foremost to observe the fuel dump and would have done so even if there had been no discussion of the distribution of campaign literature. Accordingly, the Election Officer concludes that Mr. Atkins’ brief exchange regarding the distribution of campaign literature was incidental to Mr. Atkins’ observation of the fuel dumping process and other union business, and therefore did not violate the Rules.
Messrs. Finley, Porter and Eichel’s distribution of campaign literature to members at worksites while on vacation time did not violate the Rules.
Accordingly, the protest is RESOLVED regarding the cost of the mailing labels provided to the Zimmerman campaign; and DENIED in all other respects.
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