IN RE: EUNICE RODRIGUEZ, Protestor.
Protest Decision 2006 ESD 274
Issued: May 24, 2006
OES Case No. P-06-220-031406-NE
Eunice Rodriguez, a member and delegate candidate from Local Union 237, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2005-2006 IBT International Union Delegate and Officer Election ("Rules"). The protest alleged that an employee of Local Union 237 intimidated a campaign vendor, in violation of the Rules.
Election Supervisor representative David F. Reilly investigated this protest.
Findings of Fact and Analysis
This protest arose when protestor Rodriguez sought to conduct a campaign mailing using the local union's membership list, pursuant to Article VII, Section 7 of the Rules. However, the mail house designated by the local union was unable to conduct the mailing in a prompt manner and at a reasonable cost. Accordingly, Rodriguez secured Impala Press, a union mail house, to conduct the mailing. Rodriguez filed this protest when the local union declined to transmit the membership list and its bulk mail permit to Impala. After intervention of the Election Office, the local union agreed to transmit electronically its membership list to Impala and provide its bulk mail permit information. As a result, the Members for Change slate was able to conduct the mailing as it had planned. This aspect of the protest is, therefore, RESOLVED.
A supplement to the protest alleged, however, that George Geller, an International representative and the local union's research director, threatened Pam Stimatz, an employee of Impala Press. On March 15, 2006, one day after the instant protest was filed, Geller allegedly telephoned Impala Press and verbally abused and threatened Stimatz. When she objected that she "only worked there" and that he need not speak with her in that manner, Geller allegedly replied, "I'll talk to you however the f-uck I want to." He allegedly continued, with reference to the membership list and bulk permit, by saying, "I'm giving you everything you f-cking want; I'm giving you my first-born." He allegedly concluded with the following threat: "If I find out that you give the Leedham campaign one f-cking address, I'm going to come after you, and I'll bring in the FBI, and I'll have you shut down." Ms. Stimatz told our investigator that she was "threatened, frightened, and physically shook up" by Mr. Geller's conduct.
When our investigator questioned Geller about these allegations, he admitted that he "was aware of [his] conduct" and would not allow it to recur. Further, Susan Davis, attorney for Local Union 237, informed our investigator that local union officers spoke with Geller "and are confident that there is no danger of similar conduct occurring in the future."
Article VII, Section 12(g) of the Rules prohibits "[r]etaliation or threat of retaliation by … any member of the IBT, … against a Union member, officer or employee for exercising any right guaranteed by this or any other Article of the Rules."
Threats violate the Rules. See Stefanski, P282 (January 22, 1996), aff'd 96 EAM 94 (February 21, 1996) (vile and threatening language accompanied by physical grabbing violates the Rules); Smith, P600 (April 30, 1996) (holding "I'll kill you" to violate Rules); and Kelly, P600 (March 27, 1991) (finding threat to "kick their ass" made in menacing manner to violate Rules). Although Geller's comments were not directed toward an IBT member or employee, his vulgar and threatening language nonetheless constituted a Rules violation because it indirectly affected the rights of candidates. As in Williams, 2001 EAD 201 (February 27, 2001), where the Election Administrator found a member violated the Rules by threatening the non-member son of a candidate, we hold that the Rules are violated by improper threats against a candidate's agent (here, a contracted mail house). The factors compelling this conclusion include 1) the extreme vulgarity of the words Geller used and the menacing tone in which they were uttered; 2) the repeated threat of harm; 3) the fact that Geller is a representative of both Local 237 and the International Union.
Pursuant to Article I of the Rules, "the Election Supervisor has the authority to interpret, to enforce, and, when necessary, to amend the Rules. The Election Supervisor has the authority to take all necessary actions, consistent with these Rules, to ensure fair, honest, open and informed elections." Permitting Geller's actions to go uncorrected risks a chilling effect on the freedom of those contracted by candidates and campaigns to perform services that promote the democratic goals of the Rules.
Accordingly, the protest is GRANTED.
Remedy
When the Election Supervisor determines that the Rules have been violated, he "may take whatever remedial action is deemed appropriate." Article XIII, Section 4. In fashioning the appropriate remedy, the Election Supervisor views the nature and seriousness of the violation as well as its potential for interfering with the election process.
We order Geller to cease and desist from making prohibited threats or otherwise retaliating against members, or those employed by candidate campaigns, based on their exercise of rights protected by the Rules. We further order Geller, within 3 days of receipt of this decision, to sign the attached Notice and post it on all union bulletin boards under the jurisdiction of Local Union 237 and to maintain that posting for a period of 30 consecutive days. Within the same time limit, Geller is also directed to mail a copy of the signed notice to Pam Stimatz at Impala Press. Geller must submit an affidavit of compliance to our offices within 2 days of completing the notice-posting and mailing portion of this remedy.
We limit the remedy in this case to a cease and desist order and notice-posting requirement, noting that, prior to his improper threats, Geller facilitated the transmittal of the membership list and bulk permit information to Impala Press.
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 Supervisor 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
885 Third Avenue, Suite 1000
New York, New York 10022
Fax: (212) 751-4864
Copies of the request for hearing must be served upon the parties, as well as upon the Election Supervisor for the International Brotherhood of Teamsters, 1725 K Street, N.W., Suite 1400, Washington, D.C. 20006-1416, all within the time prescribed above. A copy of the protest must accompany the request for hearing.
Richard W. Mark
Election Supervisor
cc: Kenneth Conboy
2006 ESD 274
NOTICE TO MEMBERS OF
TEAMSTERS LOCAL UNION 237
FROM GEORGE GELLER,
INTERNATIONAL REPRESENTATIVE AND
LOCAL UNION 237 RESEARCH DIRECTOR
The Rules for the 2005-2006 IBT International Union Delegate and Officer Election ("Rules") protect the rights of all IBT members to run for delegate, alternate delegate and International office and to support candidates of their own choosing for those offices. The Rules prohibit any retaliation or threat of retaliation against any IBT member for engaging in such protected conduct.
The Election Supervisor has found that I violated the Rules by threatening to retaliate against a third party vendor employed by the Eunice Rodriguez Members for Change slate. The Election Supervisor has ordered me not to make any more threats, to sign and post this Notice it on all Union bulletin boards under the jurisdiction of Local Union 237, and to mail the Notice to the vendor.
The Election Supervisor will not permit any such improper retaliation or threat of retaliation.
Any protest you have regarding your rights under the Rules or any conduct by any person or entity which violates the Rules should be filed with Richard W. Mark, Election Supervisor, 1725 K Street, N.W., Suite 1400, Washington, D.C. 20006, telephone: 888-IBT-2006, fax: 202-454-1501, email: electionsupervisor@ibtvote.org.
_______________________________________
George Geller
This is an official notice prepared and approved by Richard W. Mark, Election Supervisor for the International Brotherhood of Teamsters. It must remain posted for 30 calendar days and must not be defaced or covered up.
DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001-2198
braymond@teamster.org
David J. Hoffa
Hoffa 2006
30300 Northwestern Highway, Suite 324
Farmington Hills, MI 48834
David@hoffapllc.com
Barbara Harvey
645 Griswold Street
Suite 3060
Detroit, MI 48226
blmharvey@sbcglobal.net
Ken Paff
Teamsters for a Democratic Union
P.O. Box 10128
Detroit, MI 48210
ken@tdu.org
Daniel E. Clifton
Lewis, Clifton & Nikolaidis, P.C.
275 Seventh Avenue, Suite 2300
New York, NY 10001
dclifton@lcnlaw.com
Stefan Ostrach
1863 Pioneer Parkway East, #217
Springfield, OR 97477-3907
saostrach@gmail.com
Eunice Rodriguez
2521 Yates Avenue
Bronx, NY 10469-5310
Gregory Floyd
Secretary-Treasurer, Local Union 237
216 West 14th Street
New York, NY 10011-7296
George Geller
Secretary-Treasurer, Local Union 237
216 West 14th Street
New York, NY 10011-7296
Susan Davis
Cohen Weiss & Simon
330 West 42nd Street
New York, NY 10036
David F. Reilly, Esq.
22 West Main Street
North Kingston, RI 02852
dreilly@rooltd.com
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com