August 6, 1996
VIA UPS OVERNIGHT
Charles Mosqueda
August 6, 1996
Page 1
Charles Mosqueda
225 E. Northpoint
Derby, KS 67037
Ron Carey, General President
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Nathaniel Charny
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
John Sullivan, Associate General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
Charles Mosqueda
August 6, 1996
Page 1
Re: Election Office Case No. CONV-39-IBT
Gentlemen:
Charles Mosqueda, a member of Local Union 795, filed a protest pursuant to the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) against
the Election Officer, the U.S. Government, the IBT, and the Carey and Hoffa slates. The protester alleges that, either through action or inaction, these parties allowed the IBT International Convention to become an “undemocratic event,” in violation of the Rules. Aside from a general allegation that the charged parties conspired to frustrate democracy at the Convention, the protester specifically alleges the following: (1) The committees convened at the Convention by the IBT were “stacked” with Carey supporters who did not tolerate contrary views; (2) The protester was “fired” from his position as an IBT whip for his failure to support all measures supported by Mr. Carey and for his failure to lead pro-Carey chants from the floor; (3) The protester was “bumped and pushed around” by both Carey and Hoffa supporters in retaliation for his actions on the Convention floor, during the voting nomination process and inside the voting room; and (4) The protester was called a scab and booed by whips when he addressed a whip meeting on the morning of July 18, 1996.
Charles Mosqueda
August 6, 1996
Page 1
Regional Coordinator Bruce Boyens investigated the protest.
Under the Consent Decree, the Election Officer has exclusive jurisdiction over the IBT’s election to select delegates and alternate delegates to the IBT Convention and to select International officers from among candidates nominated at that Convention. In exercising her jurisdiction, the Election Officer has sole authority over the processes for nominating International candidates from the Convention floor and for voting on those nominations. The Election Officer exercises this authority by conducting the floor nominations, as well as the secret ballot nominations vote, at the Convention. She does not, however, preside over any other business at the Convention.
It is with this context in mind that the Election Officer addresses below the specific allegations raised by the protester.
1. Allegation Concerning Committees
The protester alleges that the committees convened before and during the Convention were intentionally filled with Carey supporters who adhered to Mr. Carey’s agenda and tolerated no dissension. Article III, Section 8 of the IBT Constitution authorizes the general president to appoint members to serve on the committees. The fact that the committees were filled with people eager to advance the agenda of the incumbent administration does not violate the Rules. The staffing of committees is a matter of legitimate internal union business and falls under the discretion of the general president.
2. Allegations Concerning IBT Whip Program
In his protest, Mr. Mosqueda claims that he was discharged as a whip because he objected to the fact that the whips were not neutral, but tools through which the administration advanced its agenda. Specifically, Mr. Mosqueda objected to the administration’s support of the seating of appointed delegates without a division of the house, the ejection of guests, the use of whips to collect the names of those who voted during divisions of the house, and the requirement of whips to lead pro-Carey chants from the floor.
The Election Officer has previously determined that the assignment of IBT staff members to mobilize support during the Convention for amendments to the IBT Constitution proposed by the current administration does not violate the Rules so long as the whips do not promote, on the Convention floor, the campaign of Mr. Carey for re-election to general president. See Hoffa, P-849-IBT-MGN (July 14, 1996). Selection and discharge of whips, therefore, is internal union business outside the jurisdiction of the Election Officer.
As a result, the sole contention of the protester concerning the duties of whips at the Convention that might fall inside the jurisdiction of the Election Officer is the allegation that he was dismissed, in part, because he refused to lead chants that supported the candidacy of Mr. Carey. The protester, however, provided no evidence that whips, as part of their duties, were required to lead such chants.
Charles Mosqueda
August 6, 1996
Page 1
3. Allegations Concerning Physical Retaliation
The protester alleges that supporters of both Mr. Carey and Mr. Hoffa jostled him as he attempted to cast his nomination ballots. He contends that the supporters abused him because of his earlier actions and statements on the Convention floor.
The Election Officer takes very seriously allegations of physical intimidation or retaliation. Such behavior threatens the election process and interferes with the rights guaranteed by the Rules. The Election Officer also notes, however, that the large number of delegates and the strong emotions displayed may have converged to create an atmosphere in which some physical contact was inevitable.
Mr. Mosqueda provided no witnesses to the alleged activity. In addition, Election Office staff closely monitored the conduct of delegates in the voting room and did not observe the conduct he alleges. The Election Officer accepts the protester’s contention that he was touched or jostled by unidentified individuals, but finds that such contact did not rise to the level of retaliatory violence in violation of the Rules.
4. Allegations Regarding July 18, 1996 Whip Meeting
The protester contends that, while addressing a meeting for whips on the morning of July 18, 1996, he was insulted and booed. Mr. Mosqueda states that the verbal abuse occurred as he attempted to explain to the gathering his objections to the use of whips and certain decisions of the Convention chair. As stated above, the activities he objected to are not within the jurisdiction of the Election Officer. Without a demonstration of some connection between the whip meeting and the nominations process or retaliation against the protester for supporting a particular candidate, the events that transpired at the meeting are similarly beyond the scope of the Election Officer’s authority. Mr. Mosqueda provided no evidence to link the meeting to the nomination of International officer candidates.
Accordingly, 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
Charles Mosqueda
August 6, 1996
Page 1
Copies of the request for hearing must be served on the parties listed above as well as upon the Election Officer, 400 N. Capitol Street, Suite 855, Washington, DC 20001, Facsimile (202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Barbara Zack Quindel
Election Officer
cc: Kenneth Conboy, Election Appeals Master
Bruce Boyens, Regional Coordinator