IN RE: FRANK VILLA,
Protest Decision 2001 EAD 93
Issued: January 23, 2001
OEA Case No. PR111001WE
Frank Villa, a member of Local 630, 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 630 business agent Paul Kenny and Local 630 trustee Thomas Martone, alleging that they improperly interfered with campaign activity by Villa on behalf of the Tom Leedham slate, and that they did so while they were on paid union time.
Election Administrator representative Lisa Taylor investigated the protest.
Findings of Fact
Villa works at Sysco Food Services ("Sysco") in Walnut, California. On Friday, November 10, 2000, at between 3:00 and 3:30 p.m., Villa was in a walkway leading to the Sysco building in which Villa works, when, says Villa, Kenny and Martone, who were campaigning for Hoffa at the time, approached him. Villa was not campaigning, but he claims that he is well known as a supporter of candidate Tom Leedham, and has extensively campaigned for him. Villa claims that Kenny and Martone began making derogatory statements about Leedham, such as "Tom Leedham is a dirty dog." Villa began a spirited discussion with Kenny and Martone. During this interchange, Villa says that one of the two pulled out a photograph of Villa. Villa thinks that the picture was taken at a TDU meeting held earlier in the year, because the photograph had him wearing a TDU T-shirt that he usually wears to TDU meetings. Villa says that after showing him the picture, Kenny and Martone pulled out a camera and began taking pictures of him.
Villa says that the scene attracted some of his co-workers who came over to see what was going on, and that Kenny and Martone began taking pictures of any person that made statements supporting Leedham in the debate that ensued. Villa claims that his co-workers were agitated by the actions of Kenny and Martone. Soon after, Villa states that an unnamed Sysco supervisor came outside. Afraid that the scene would "look bad" to management, Villa quickly left.
Villa also claims that Martone must have engaged in this activity at Sysco on paid union time, in that he works for Vons Company and gets off work there at 2:30 p.m. Villa claims that Sysco is about 45 minutes away from Vons (without traffic), and that it would be impossible for Martone to leave his job at 2:30 and be at Sysco between 3:00 and 3:30 p.m. during rush hour. For this reason, Villa believes that Martone has been taken off the Vons payroll and placed on the local union payroll so that he may campaign for Hoffa.
Edward Perez, an employee of Sysco, placed the incident about which Villa complains at around 5:00 p.m. on November 10. He says that as he was pulling into his parking space he noticed a group of approximately 10 people in the parking lot area. Perez stated that as he walked past the group he recognized Villa and Kenny. Perez described the interaction between Villa, Kenny and a third person as an argument. The third unknown person, according to Perez, had a camera and took several pictures. Perez stated that Villa objected loudly to his being photographed, stating that they were not to do it. Perez stated that he witnessed the event for two to three minutes.
Kenny and Martone deny Villa's allegations. They claim that Villa approached them and began arguing about the Hoffa and Leedham candidacies. They also deny that they showed Villa a previously taken photograph of him during their November 10 "debate." They admit that they had a camera in their possession that day, and that they took pictures while Villa was present. However, they state that Villa was not the subject of the pictures, which were taken by Martone to use in campaign publicity. (Martone is a delegate candidate in his local.) In support, they note that Villa appears in only one of seven pictures taken that day, and then only because he interjected himself into a picture Martone was taking of the campaigners. Martone further denies that he was campaigning on union time, and says that he arrived at Sysco only after he worked a full shift at Vons.
Analysis
We do not credit Villa's version of the events of November 10. Instead, it appears that it was he who interjected himself in ongoing campaign activity by his political adversaries, and began a debate with them over the candidates each was supporting. Moreover, the evidence here is insufficient to show that Kenny and Martone were engaging in surveillance of Villa, or in an effort to intimidate him for his support of Leedham. Instead, we credit the Hoffa campaigners' claim that they were merely taking pictures of their own activity for publicity purposes, and that Villa interjected himself in that effort. This is borne out by Villa's appearance in only one of the seven pictures taken at Sysco, and then only because he interposed himself there. Nor has Villa offered evidence indicating that Martone was placed on the Local 630 payroll in order to campaign for President Hoffa.
For the foregoing reasons, the 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 93
DISTRIBUTION LIST VIA UPS NEXT DAY AIR:
Patrick Szymanski
IBT General Counsel
25 Louisiana Ave. NW
Washington, DC 20001
Bradley T. Raymond
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
J. Douglas Korney
Korney & Heldt
30700 Telegraph Road
Suite 1551
Bingham Farms, MI 48025
Barbara Harvey
Penobscot Building
Suite 1800
645 Griswold
Detroit, MI 48226
Betty Grdina
Yablonski, Both & Edelman
Suite 800
1140 Connecticut Ave. NW
Washington, D.C. 20036
Tom Leedham c/o Stefan Ostrach
110 Mayfair
Eugene, OR 97404
Frank Villa
151 W. Lambert Road
Apt. 4
La Habra, CA 90631
IBT Local 630
750 South Stanford Ave.
Los Angeles, CA 90021
Ken Young
Wohlner, Kaplon, Phillips,
Young & Cutler
15760 Ventura Blvd.
Suite 1510
Encino, CA 91436