IN RE: JOSEPH WALDRON,
Protest Decision 2001 EAD 195
Issued: February 27, 2001
OEA Case No. PR020913ME
Joseph Waldron, assistant trustee of Local 115, 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"). His protest alleges that his vehicle was the target of election-related vandalism.
Election Administrator representative William Kane investigated the protest.
Findings of Fact and Analysis
Waldron reported that his vehicle was vandalized on two occasions. On December 6, 2000, he discovered that the driver's sideview mirror was broken. On February 8, 2001, he found that all four tires had been slashed. On each occasion, the vehicle was parked in front of his home, and he made the discovery when leaving home to start his workday. Also on each occasion, a bumper sticker bearing the words "Tom Leedham Rank and File Power" was affixed to the rear bumper. Waldron reported that the sticker was not on the bumper when he parked the vehicle the previous evening. Each time, Waldron notified the police of the incident. To date, the police have been unable to identify the perpetrator of the vandalism.
Waldron filed this protest against the "United" slate because he states they are Leedham supporters. Our investigator interviewed three members of that slate, all of whom denied knowledge of the vandalism.
Article VII, Section 11(g) prohibits "[r]etaliation or threat of retaliation by … any member of the IBT, … or other person … against a Union member, officer or employee for exercising any right guaranteed by this or any other Article of the Rules." Article VII, Section 11(a) grants all union members "the right to participate in campaign activities, including the right … to support or oppose any candidate, [and] to aid or campaign for any candidate." Members also have the correlative right to refrain from campaign activities.
Previous Election Officers have held election-related vandalism to violate the Rules. See Chentnik, P182 (October 31, 1995) (affixing adhesive campaign stickers to a member's car); Volpe, P763 (June 18, 1996) (pasting campaign stickers inside the restrooms of a member-owned bar); Gregory, P800 (July 18, 1991) (politically-motivated smashing of windows in a member's car); and Tobin, P862 (August 21, 1996) (posting of defaced campaign placard on a member's lawn); cf. Petrites, 2000 EAD 83 (January 19, 2000) (threatening anonymous telephone call held not to violate the Rules where there was no link to the delegate or International Officer election). Remedies have been ordered even where the perpetrator is unknown. Gregory, supra; Volpe, supra.
Here, the vandalism coupled with the public display of the campaign bumper sticker at the crime scene constitute a serious violation of the Rules clearly motivated by an intent to intimidate and harass. Such conduct is anti-democratic, unlawful and counter to the mission of the Consent Decree and the Rules. It must be discouraged because it interferes with important rights of members and invites undeserved public criticism of the electoral process. Willett, P863 (August 16, 1996).
Accordingly, although we are unable to identify the perpetrator, 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. Within two (2) working days of the receipt of this decision, Local Union 115 shall post the notice attached as Exhibit A on all bulletin boards in the local union hall and at all worksite bulletin boards under the jurisdiction of the local.
2. This notice will remain posted for thirty (30) days without being removed, covered or defaced.
3. Within two (2) days of receipt of this decision, the local union shall submit an affidavit to the Election Administrator attesting to its compliance with Paragraph 1 of this Order.
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 195
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
Joseph Waldron
IBT Local 115
2833 Cottman Avenue
Philadelphia, PA 19149
Alvaro Quinones
8362 Holman Avenue
Pennsauken, NJ 08110
Dennis DiCataldo
2640 Fernwood Avenue
Roslyn, PA 19001
Pat Nefferdorf
2611 E. Schiller Street
Philadelphia, PA 19134
Curtis Moore
4952 N. 19th Street
Philadelphia, PA 19141
Kelly Kozik
58 Vicar Lane
Levittown, PA 19054
Walt Deminski
6517 Senator Lane
Bensalem, PA 19020
William B. Kane
242 Old Haymaker Road
Monroeville, PA 15146
NOTICE TO ALL LOCAL UNION 115 MEMBERS
An employee of Local Union 115 has been harassed and his property vandalized because the member has exercised his right to participate or refrain from participating in the election of International Officers guaranteed under the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules"). Harassment and vandalism have no part in the democratic process and are forbidden by the Rules.
No one, including local union officers, business agents, delegates, stewards, members or employees, may threaten, coerce, harass or otherwise retaliate or take any other adverse action against you because of your support for a particular candidate, or your lack of support of a candidate.
Any attempt to interfere or retaliate against you because of your political activity in connection with the International Officer or convention delegate election should be reported to William A. Wertheimer, Jr., Election Administrator, at 727 Fifteenth Street, NW, 10th floor, Washington, D.C. 20005; (202) 454-1500.
William A. Wertheimer, Jr.
William A. Wertheimer, Jr.
Election Administrator
This is an official notice which must remain posted for 30 consecutive days and must not be defaced or altered in any manner or be covered with any other material.