IN RE: GERALD E. BLACK,
Protest Decision 2001 EAD 85
Issued: January 22, 2001
OEA Case No. PR011611SO
Gerald E. Black, a member of Local 667, 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 Local 667 secretary-treasurer Henry Perry and Local 667 business agent John Gale. Black alleges that on January 14, 2001, at the local union's delegate nomination meeting, Gale rifled through papers Black had received after being nominated for alternate delegate, and shouted at him for allegedly possessing papers that pertained to Gale. Black also claims that Perry was present during this interchange, which he claims was staged by them in order to provoke Black to physically confront Gale, thereby causing Black to violate the International Constitution by striking an officer.
Election Administrator representative Dolores Hall investigated the protest.
Findings of Fact and Analysis
Gale was terminated from as a Local 667 business agent in September 2000 by Local 667's then-president Pete Bennett. The termination was based upon a charge filed by Local 667 member Michael McGowan alleging that Gale improperly removed documents from the union hall. The local's executive board overturned the termination decision and Gale was reinstated. McGowan then appealed the executive board's decision to Joint Council 88. The Joint Council scheduled the appeal for a January 13, 2001, which was adjourned until March 2001. In the interim, Perry appealed to International President James Hoffa to take jurisdiction of the case. On January 10, 2001, Hoffa sent a letter to Perry and Billy Patrick, secretary-treasurer of the Joint Council, in which he asserted original jurisdiction over the charge and requested that all material be forwarded to his office. McGowan and Gale received copies of the letter.
Black attended the January 14, 2001 Local 667 delegate nomination meeting. He claims that he placed certain papers that he was carrying on a bucket in the hallway while he went to the men's room. When he came back out in the hallway, Black says he saw Gale standing near the bucket with a letter in his hand, and that he asked Black why he had a copy of the letter. Black claims to have no knowledge of the contents or source of the letter.
According to Gale, he was passing through the hallway and observed papers lying on top of a bucket. Gale says he assumed that someone had left them there and looked at them in an effort to identify their owner. On top of the stack of papers was the above-referenced January 10 Hoffa letter. Gale says that when Black re-entered the hallway, he asked Gale what he was doing with his papers. Gale admits that he shouted at Black about his possession of the Hoffa letter, which he told Black did not pertain to him. According to Gale and Perry, Gale then called Perry out of the auditorium and asked if he knew how Black got a copy of the letter. Perry stated he did not and he returned to the auditorium, after telling the two men to "hold it down."
Black is a candidate for alternate delegate. Gale is not a candidate. Black claims that the confrontation and between himself and Gale is related to the delegate election because among the papers that he left on the bucket was a copy of the Rules given to him following his nomination, as well as other election-related materials.
We reject Black's claim. The verbal exchange between Black and Gale involved only the Hoffa letter dealing with the charges against Gale. That letter had nothing to do with the election. Gale in fact never mentioned Black's candidacy or the delegate election during the confrontation. This protest is DENIED.
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 appeal, 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, 727 15th Street NW, Tenth Floor, Washington, DC 20005, 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
2001 EAD 85
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Gerald E. Black
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Memphis, TN 38119