IN RE: JIMI RICHARDS,
Protest Decision 2000 EAD 11
Issued: August 7, 2000
OEA Case No. PR071101AT
See also Election Appeals Master decision 00 EAM 4 (KC)
Jimi Richards, a member of Local Union 728, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules")against Earl Parker, Local 728 business agent. The protester alleges that Parker, a vocal opponent of Teamsters for a Democratic Union ("TDU"), attended a meeting of the Georgia Chapter of TDU for the sole purpose of conducting surveillance and interfering with the meeting by making threats and intimidating those present in violation of the Rules.
Election Administrator representative Dolores Hall investigated the protest.
Findings of Facts
The Georgia Chapter of TDU scheduled a meeting for noon, Saturday, July 8, 2000, at the Shoney's Restaurant in College Park, Georgia. A meeting notice on "Georgia TDU Chapter" stationery was sent to various persons either by email or by regular mail, and was posted at at least one worksite. The notice stated, "Members from Locals 528 & 728 are both asked to attend. Issues that involve members from both locals concerning the IBT Election petition drive and Local 528's Election this coming November will be discussed. If you have anyone interested in joining our Chapter, please bring them along to the meeting and get involved."
Local 528 and 728 are headquartered in the same building in Atlanta. Kenneth Hilbish is the president of Local 528 and Waymon Stroud is the president of Local 728. Earl Parker is an appointed business agent on the staff of Local 728. Parker learned of the TDU meeting and, while at a meeting of Local 728 officers and business agents on the evening of July 7, told Stroud of his intention to attend. Stroud stated that he pointed out to Parker that it was a TDU meeting and that Parker repeated his intention of going to Shoney's for lunch. Stroud stated that he did not admonish Parker against going, since he would be doing so on his own time. Another witness, Local 728 secretary-treasurer Richard Black, recalled Parker asking at the July 7 meeting if anyone intended to go with him the next day to the TDU meeting. No one agreed to go, and there is no evidence that Parker's superiors in Local 728 directed him to attend the meeting. There is also no evidence of any involvement by any representative or agent of Local 528 in the misconduct alleged in this protest.
Parker actually arrived at the restaurant around 10:45 a.m. and ordered breakfast. According to Parker, he sat in a booth facing the meeting room and remained there until approximately 12:30 p.m., when he states the meeting began. At that point, according to Parker, he paid his bill, entered the meeting room and asked if it was an open meeting. Richards replied no, and then Parker asked if it was a TDU meeting. Richards said that Parker knew that it was and asked him to leave. Parker states that he then said "no problem," and asked those present to tell "Savannah Sam" that Parker was waiting for a telephone call from him. (Savannah Sam is the moniker of an individual who has posted matters on a website about Parker and his father. Parker states he went to the meeting to deliver this message to Savannah Sam.) Parker states that Richards again asked him to leave, this time standing up to approach Parker. Parker then left.
One TDU member who arrived early for the meeting states that he saw Parker at his table and spoke to him, asking him if he was a TDU member. According to this witness, Parker angrily denied that he was, and said that he was there as a "watchdog," a claim Parker denies. This same witness stated that before entering the meeting room Parker stared into the room through its glass door.
Analysis and Conclusion
The Rules, at Article VII, Section 11(a), guarantee to members the "right to participate in campaign activities, including the right to run for office, to support or oppose any candidate, to aid or campaign for any candidate, and to make personal campaign contributions." Article VII, Section 11(g) reinforces this basic right through its prohibition of "[r]etaliation or threat of retaliation by the International Union, any subordinate body, any member of the IBT, any employer or other person or entity against a Union member, officer or employee for exercising any right guaranteed by this or any other Article of the Rules..."
These rights are fundamental to the conduct of a fair and open election. A fair and open election is the "central purpose" of the Consent Decree. U.S. v. IBT, 948 F.2d 98 (2nd Cir. 1991). Acts of "coercion, interference or harassment of members in the exercise of these [are] forbidden. Surveillance is one of those acts." Giacumbo, P210 (December 5, 1995)
In Pollack, P8 (October 29, 1990), aff'd, 90 EAM 8, the Election Officer was required to determine the propriety of the conduct of certain local union officials who, after being forcibly ejected from a TDU meeting, used union funds to rent the room across the hall. From that vantage point, these officers actively observed members on their way in and out of the meeting. A presence was maintained in the lobby on the floor where the meeting rooms were located and in the hallway leading to the TDU meeting. The Election Officer concluded:
IBT members have the right to gather and discuss issues concerning the election of delegates and alternate delegates to the International Convention free from interference. Similarly, I find that the actions of the local officials in subjecting IBT members attending the TDU meeting to surveillance or creating the appearance of surveillance to be violative of the Election Rules. Such surveillance or the appearance of surveillance is destructive of the fundamental safeguards of . . . free and fair elections outlined in the Consent Decree and the Election Rules.
Similarly in Giacumbo, a union official acted improperly when he stood outside a Hoffa campaign event and recorded those entering.
Here, Parker appeared at the meeting site well before the beginning of the meeting, conduct which, according to several witnesses, made TDU members fear retaliation for their attendance, given Parker's hostility to TDU and his position as a business agent in the local. Viewed objectively, Parker's conduct gave every appearance of improper surveillance, even if he denies that such was his intent.
For the foregoing reasons, the protest is GRANTED.
Remedy
When the Rules have been violated, the Election Administrator "may take whatever remedial action is appropriate." Article XIII, Section 4. In fashioning the appropriate remedy, the Election Administrator considers the nature and seriousness of the violation, as well as its potential for interfering with the election process. Based on the foregoing, the Election Administrator orders the following:
1. Earl Parker shall immediately cease and desist from any surveillance or creation of the impression of surveillance of membership activity protected under the Rules. Additionally, Parker is enjoined from taking any adverse action against persons because of their membership in or support for TDU.
2. Within five (5) days of receipt of this decision, Parker shall have the attached "Notice To Local Union 728 Members and Employees" posted at the Local Union offices of Local 728. Within that same time period, Local 728 shall post the attached "Notice to Local Union 728 Members and Employees" on all bulletin boards at Local Union 728 worksites.
3. Within two (2) days after making the postings required in Paragraph 2 above, Mr. Parker must submit an affidavit to the Election Administrator attesting to his compliance with this order.
An order of the Election Administrator, unless otherwise stayed, takes immediate effect against a party found to be in violation of the Rules. Lopez, 96 EAM 73.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within two (2) working days of receipt of this decision. The parties are reminded that, absent extraordinary circumstances, no party may rely upon evidence that was not presented to the Office of the Election Administrator in any such appeal. Requests for a hearing shall be made in writing, shall specify the basis for the appear, and shall be served upon:
Kenneth Conboy
Election Appeals Master
Latham & Watkins
Suite 1000
885 Third Avenue
New York, New York 10022
Fax: 212-751-4864
Copies of the request for hearing must be served upon all other parties, as well as upon the Election Administrator for the International Brotherhood of Teamsters, c/o International Brotherhood of Teamsters, 25 Louisiana Ave., NW, Washington, DC 20001, all within the time period prescribed above. A copy of the protest must accompany the request for hearing.
William A. Wertheimer, Jr.
William A. Wertheimer, Jr.
Election Administrator
cc: Kenneth Conboy
Dolores Hall
J. Griffin Morgan
2000EAD11
NOTICE TO TEAMSTERS LOCAL UNION 728 MEMBERS AND EMPLOYEES
The Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules") prohibit interference with Local Union members' right to participate in campaign activities without interference or fear of threat or retaliation. No IBT or Local Union official or employee may interfere with your rights by engaging in surveillance of your campaign activities or by coercing you with respect to those activities.
The Election Administrator will not permit any interference with member's right to assemble freely and to campaign in support of any candidate.
The Election Administrator has concluded that such interference has occurred and has ordered Earl Parker, Local 728 business agent, to cease and desist from interfering with and/or threatening the right of IBT members to attend Teamsters for a Democratic Union ("TDU") meetings, to campaign for TDU candidates, or to otherwise express support for TDU. The Election Administrator has further ordered that Mr. Parker be enjoined from taking any retaliatory actions against any person because of their membership in or support for TDU.
Any protest you have regarding your rights under the Rulesor any conduct by any person or entity which violates the Rulesshould be filed with William A. Wertheimer, Jr., Office of the Election Administrator, 25 Louisiana Ave., NW, Washington, DC 20001, telephone 800-565-VOTE, telecopier (202) 624-8711
___________________________
Earl Parker, Business Agent
IBT Local 728
This is an official notice and must remain posted for thirty (30) consecutive days from the day of initial posting, and must not be altered, defaced or covered by any other material.
Prepared and approved by William A. Wertheimer, Jr., Election Administrator for the International Brotherhood of Teamsters.
DISTRIBUTION LIST VIA UPS NEXT DAY AIR:
Mr. Jimi Richards Mr. Waymon B. Stroud, Sr.
2875 Ackworth Due West Road President, Teamster Local 728
Kennesaw, GA 30152 2540 Lakewood Ave., SW
Atlanta, GA 30315
Earl Parker, Business Agent
Teamster Local 728 Kenneth Hilbish, President
2540 Lakewood Ave., S.W. Teamster Local 528
Atlanta, GA 30315 2540 Lakewood Ave., S.W.
Atlanta, GA 30315
Teamsters for a Democratic Union
7437 Michigan Ave. James Fagan
Detroit, MI 48210 Stanford, Fagan & Giolito
1401 Peachtree Street NE
Bradley J. Raymond Suite 238
Finkel, Whitefield, Selik, Raymond, Atlanta, GA 30309
Ferrara & Feldman
32300 Northwestern Highway Patrick Szymanski
Suite 200 IBT General Counsel
Farmington Hills, MI 48334 25 Louisiana Avenue NW
Washington DC 20001
J. Douglas Korney
Korney & Heldt
30700 Telegraph Road
Suite 1551
Bingham Farms, MI 48025
Barbara Harvey
Suite 1800
Penobscot Building
645 Griswold
Detroit, MI 48826
Tom Leedham
18763 South Highway 211
Molalla, OR 97038