IN RE: RON WILLIAMS,
Protest Decision 2001 EAD 152
Issued: February 8, 2001
OEA Case No. PR011511AT
Ron Williams, a member of Local 391, 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"). Williams alleges that Jack Cipriani, Local 391 president and a candidate for delegate on the Cipriani-Hoffa Team 391 slate, improperly threatened him with retaliation because of his delegate candidacy.
Election Administrator representative J. Griffin Morgan investigated the protest.
Findings of Fact
Williams is a steward at Local 391 and a candidate for delegate on the Home Team slate. In the fall 1999 officer election at Local 391, Williams was a candidate for trustee on the Home Team slate. The Home Team slate was a partial slate of four candidates (one for secretary-treasurer and three for trustee) that opposed the Cipriani Team 391 slate. The Cipriani Team 391 slate won the election.
The nomination meeting for Local 391 was held on Saturday, January 13, 2001 following the regularly scheduled 10:00 a.m. general membership meeting. A few minutes before the beginning of the general membership meeting, Williams requested a meeting with Cipriani. Cipriani agreed. Williams brought to the meeting Bob Brown, a 391 member, and Bobby Taylor, a retired 391 member.
Williams, Cipriani, Brown and Taylor agree that the meeting lasted approximately 10 to 15 minutes, that Williams initiated the conversation by stating his intention to run for delegate, and that Cipriani reacted angrily and told Williams, "You ran against us once and I gave you another chance, but now you are running against us again and there will not be a second chance. You will never be part of my team in the future."
They also agree that Cipriani directed comments to Bob Brown, who had indicated he was going to run as a delegate in opposition to Cipriani's slate. Cipriani reminded Brown that Brown's father, R. W. Brown, had been a business agent and organizer for Local 391 and that R.W. Brown and Cipriani had been on the same team.
Williams claims in a letter to our investigator that IBT brewery representative Chip Roth (who was present at the meeting) threatened Brown with retaliation if he ran as a delegate against the Cipriani forces. Brown, however, denies this, as does Roth. Williams was not a party to the conversation. We credit Brown's account, as corroborated by Roth.
Williams asserts that Cipriani's statements to him on January 13 amounted to a threat of reprisal, although he conceded that he was not very clear about what Cipriani meant. He claims that Cipriani's intention is to either remove him as a steward or hurt him with respect to his regular employment. Williams, however, points to nothing that suggested this meaning.
Our investigator asked Williams why, if he thought he was being threatened, he did not report his conversation with Cipriani to the Election Administrator's Regional Director, who was present at the time. The Regional Director spoke to Williams before the nomination meeting and told him that he would be responsible for protests and protest investigations, even though the Honest Ballot Association was conducting the nomination meeting and the count. Williams responded that he was so upset that it took him several hours to compose himself.
Cipriani admits that he did get angry in the meeting with Williams, Taylor and Brown. He says that he told Williams that he could be forgiven once for running against Team 391, but that he would not be forgiven for running the second time and would never be a part of Team 391 in the future. Cipriani further stated that he did turn to Bob Brown and tell him: "You know what it is to be part of the team. I was on your father's team." Cipriani says his comments concerned the political campaign and the campaign slates, and were not directed toward Williams' job, membership or position as a steward. There is no credible evidence to suggest otherwise.
Finally, Cipriani stated that after the membership meeting and before the nomination meeting, Bob Brown came to him and stated that he was not going to run as a delegate based on Williams' attacking Mike McGaha during the membership meeting.
Analysis
There is no violation of the Rules presented on these facts. None of the statements by Cipriani or Roth here threatened Williams or Brown or suggested retaliation against their job security, union membership or, in the case of Williams, his steward status. Nor was such retaliation threatened against any other person. Cipriani was and is entitled to refuse to ally himself politically with any other member, and to say that he will do so in the future because of the actions of his current political opponents.
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 152
DISTRIBUTION LIST VIA FAX AND UPS NEXT DAY AIR:
Patrick Szymanski
IBT General Counsel
25 Louisiana Ave. NW
Washington, DC 20001
Fax: 202.624.6884
Bradley T. Raymond
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
Fax: 248.855.6501
J. Douglas Korney
Korney & Heldt
30700 Telegraph Road
Suite 1551
Bingham Farms, MI 48025
Fax: 248.646.1054
Barbara Harvey
Penobscot Building
Suite 1800
645 Griswold
Detroit, MI 48226
Fax: 313.963.3572
Betty Grdina
Yablonski, Both & Edelman
Suite 800
1140 Connecticut Ave. NW
Washington, D.C. 20036
Fax: 202.463.6688
Tom Leedham c/o Stefan Ostrach
110 Mayfair
Eugene, OR 97404
Fax: 541.607.4484
IBT Local 391
3100 Sandy Ridge Road
Colfax, NC 27235
Fax: 336.996.4431
J. Griffin Morgan
Elliott, Pishko, Gelbin & Morgan
500 West Fourth Street
Winston-Salem, NC 27120
Fax: 336.724.3335
Ronald Williams
617 Cobb Road
Elm City, NC 27822