OFFICE OF THE ELECTION SUPERVISOR
for the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
IN RE: FRED ZUCKERMAN, ) Protest Decision 2016 ESD 341
) Issued: December 15, 2016
Protestor. ) OES Case No. P-368-092316-FW
____________________________________)
Fred Zuckerman, candidate for IBT General President on the Teamsters United slate, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2015-2016 IBT International Union Delegate and Officer Election (“Rules”). The protest alleged that Dennis Corrigan, a supporter of Hoffa-Hall 2016, struck Richard Galvan while the latter was leafleting on behalf of Teamsters United.
Election Supervisor representative Michael Miller investigated this protest.
Findings of Fact and Analysis
Richard Galvan is a long-time member of Local Union 396 and an employee of UPS. During the current election cycle, he ran for and lost an election for delegate to the IBT convention on a slate that supported Teamsters United. In addition, he was nominated for IBT vice president for the West region at the IBT convention on the Teamsters United slate but did not achieve the 5% secret ballot vote threshold among West region convention delegates to be nominated to the rank-and-file ballot.
Dennis Corrigan is also a long-time member of Local Union 396 and an employee of UPS at its Main Street hub in Los Angeles, CA. During the current election cycle, he served as a sergeant-at-arms at the IBT convention, with the responsibility among others of maintaining order and deterring politically motivated violence on the convention floor. Corrigan and Galvan have known each other for many years.
On Thursday, September 22, 2016, some twelve weeks after the convention concluded, Zuckerman, Galvan, and as many as ten additional supporters of Teamsters United campaigned in the employee parking lot of the UPS Main Street hub in Los Angeles CA, canvassing among departing day shift employees and arriving twilight shifters. They set up immediately outside the security station where UPS security searches departing employees to insure that they do not depart with any material or goods belonging to the employer or its customers.
Corrigan worked that day as a feeder driver and clocked off duty at approximately 7 p.m. Just before he punched out, he found a Teamsters United flyer someone had left on his lunch pail. Corrigan told our representative that the flyer on his lunch pail bothered him a lot, and he “spouted off” about it while he processed through the security station. In that station, Corrigan removed some loose change from his pocket in order to screen through the metal detection area. Corrigan said he then exited the security station into the employee parking lot where the Teamsters United campaigners were canvassing. Still upset about the Teamsters United flyer on his lunch pail, Corrigan threw the pocket change in his hand to the ground and called out facetiously in a loud voice, “Here’s a donation!” Corrigan said he then saw Galvan, whom he has known for many years and dislikes. As Corrigan walked past Galvan en route to his car, he told Galvan, “You’re a loser” and “I’ll kick your ass,” adding, “You’re acting pretty tough now because you have all your people here around you.” Corrigan told our representative that Galvan insulted him in return, calling him a loser and making fun of Corrigan’s limp. Corrigan said that this insult prompted Corrigan, who had passed Galvan, to turn around and confront Galvan directly.
Galvan told our representative that he and the other Teamsters United campaigners arrived at UPS Main Street at about 5:15 p.m. that day and campaigned without incident until Corrigan’s appearance on the parking lot shortly after 7 p.m. Galvan recalled that Corrigan threw down some pocket change upon seeing the campaigners, yelling something about a “donation.” Galvan said that Corrigan then began to taunt Galvan, yelling that he “can’t win anything.” Galvan said he responded to Corrigan, telling him to get away from him. However, Galvan said that Corrigan, enraged, told Galvan he was going to “get” him, and then slammed a closed fist on Galvan’s wrists to try to knock the flyers from Galvan’s hand.[1] Galvan said that Corrigan’s blow was violent, unprovoked, and aggressive. The blow caused some of Galvan’s flyers to fall to the ground but Galvan was able to hold on to some. Seeing that Galvan still held some flyers, Corrigan then tried to grab them from Galvan’s hands, according to Galvan. Galvan resisted this move, and both pulled on the flyers for a brief period before Galvan pulled the flyers away from Corrigan. Galvan said he told Corrigan to “get away from me” as he stooped to pick up the flyers that had fallen to the ground. While doing this, Galvan said that fellow campaigner Jose Moreno approached, told Corrigan to back off, and held his arm out to keep the two men apart. Moreno’s attempted intervention appeared to have no effect on Corrigan, according to Galvan. Zuckerman, hearing Corrigan’s loud language, then appeared next to Galvan. Galvan said that Corrigan looked at Zuckerman, appeared to recognize him, and stopped his activity nearly instantly. He then backed away and turned to go to his car, at which point campaigning continued as it had before Corrigan’s arrival. Galvan said that the canvassers remained in the parking lot for another hour or hour and a half without incident.
Corrigan insisted to our representative that he did not hit or touch Galvan in any way, but instead confronted him face-to-face and raised his left hand in a feigned gesture to swipe the flyers that Galvan held in his right hand. Corrigan said that although he moved in very close to Galvan, he did not feel that he was threatening Galvan because there was no physical contact. However, Corrigan said that when he got very close to Galvan, Galvan pushed Corrigan back against his chest with his right hand. In doing so, some of Galvan’s flyers “might have fallen” to the ground, according to Corrigan, but Corrigan was not certain of this. At that point, Corrigan said that Javier Escamilla (a co-worker) and at least one other unknown person came up and drew Corrigan and Galvan apart. Corrigan later thanked Escamilla for “keeping (him) from doing something stupid.” The verbal exchange of insults between the two men continued throughout this episode, until Zuckerman approached Galvan and Corrigan. Corrigan immediately recognized Zuckerman and backed away, walking over to his car.
Once inside his car, Corrigan said he called Local Union 396 president Jay Phillips to report the incident and ask his advice. Phillips told him to “expect a protest” and to stay away from the Teamsters United people. After about five minutes in his car following the call with Phillips, Corrigan drove home. Corrigan said he was upset, shaking, and stammering throughout the confrontation, and he said this manifested in a trembling voice he used with Galvan, which Corrigan said is what happens to him when he is upset. Corrigan said the Zuckerman supporters took advantage of his stammering by making fun of him, his walk, and his shaking, increasingly as the incident continued. Corrigan said he felt he had been baited by Galvan and had reacted unfortunately as a result by lashing out at Galvan. But Corrigan insisted to our representative that, aside from Galvan’s push against Corrigan’s chest, there was no physical contact between the two men.
Moreno, who was the first to intervene between Corrigan and Galvan, told our representative he initially heard Corrigan yelling about the campaigners when Corrigan was still inside the security station, processing out at the end of his shift. When Corrigan emerged into the parking lot, Moreno said that Corrigan heckled Galvan with, “You couldn’t even get on the ballot!” and “You’re a loser!” Moreno said that Corrigan threw a coin on the ground and mockingly yelled, “Here’s a contribution!” Moreno stated that Corrigan told Galvan he would “kick your ass.” According to Moreno, Corrigan’s behavior was unprovoked. Moreno said that Galvan remained quiet and composed through most of Corrigan’s verbal onslaught, even though Corrigan’s words were embarrassingly loud. However, Galvan finally said something in retort, and Corrigan, who by that time was past Galvan, returned to Galvan and “got in his face.” Moreno said he next saw Corrigan strike Galvan’s wrist forcefully, attempting to knock the flyers Galvan held from his hand. Some flyers fell to the ground, and Moreno saw Corrigan attempting to pull the rest from Galvan’s hand. This prompted Galvan to yell back at Corrigan, “Get your hands off me!” Moreno moved quickly between the men, and Zuckerman appeared an instant later. Moreno said that when Corrigan saw and recognized Zuckerman, he retreated immediately and went to his car. Moreno said that the group then resumed campaigning, and continued to do so until employee traffic thinned out around 9 p.m. During this time, Moreno said that Galvan did not complain of injury and did not appear to be in pain.
Zuckerman told our representative that he and the other Teamsters United campaigners arrived at UPS Main Street at about 5 p.m. on September 22 and campaigned without incident until around 7 p.m. when Corrigan appeared and delivered a series of expletive-laden taunts toward Galvan. In Zuckerman’s view, Corrigan’s behavior was unprovoked and evidenced a long history involving Galvan. A theme Corrigan repeatedly sounded was summed up with his words, “You couldn’t win last time and you won’t win this time.” Corrigan walked past Galvan, keeping up his “testy” comments. Zuckerman said he then noticed that Corrigan suddenly returned to Galvan and “got in his face,” with the two men exchanging angry, agitated comments about each other. Zuckerman said he looked away for a brief moment, and looked back to see Corrigan hitting Galvan with double fists “on his chest or on his hands.” Zuckerman said the strike was forceful and fast, causing some flyers Galvan was holding to fall to the ground. Zuckerman saw Moreno move to intervene, and Zuckerman did likewise, arriving at Galvan’s side just after Moreno did. Zuckerman said as soon as Corrigan looked at Zuckerman, he appeared to recognize him, appearing also to be surprised to encounter Zuckerman there. Corrigan immediately backed away, and then walked to his car. Zuckerman said the incident ended there, and the campaigners continued to canvass without incident.
Our representative also interviewed Teamsters United campaigners Joe Darmento, Doug Klein, and Leslie Garrett, all of whom corroborated the evidence that Corrigan’s behavior was loud and unprovoked, and that he struck Galvan’s wrist forcefully with his fist, causing some flyers Galvan was holding to fall to the ground. Our representative also interviewed a rank-and-file member of Local Union 396 who works at the Main Street facility and was speaking with a canvasser at the time of the incident; he too corroborated this same evidence.
Our representative interviewed Javier Escamilla, the member Corrigan said he thanked for preventing him from doing “something stupid.” Escamilla works at the UPS Main Street hub and completed his shift at about the same time Corrigan did on September 22. Upon exiting the facility through security, Escamilla saw the campaigners and decided to speak with them and meet Zuckerman. As he was doing so, he saw Corrigan exit the security station and begin exchanging heated words with Galvan. Escamilla did not recall specifically what each said to the other because he was speaking with Zuckerman at the time and was focused on that conversation. Escamilla said he was not surprised by the animus between Corrigan and Galvan, as they have known each other for years and have been on opposite sides of the political fence for that time. Escamilla did not see Corrigan throw coins on the ground or hear him make a mocking statement about a campaign contribution, but he told our representative that he saw Corrigan come back and go “face to face” with Galvan. While speaking with Zuckerman, Escamilla said he looked occasionally at Corrigan and Galvan, and in so doing saw Corrigan trying to grab Galvan’s flyers. As Galvan pulled back on the flyers, Escamilla said he saw a few flyers fall to the ground. Escamilla said he did not see Corrigan strike Galvan, but he conceded that he was not watching Corrigan and Galvan the entire time they were face to face. After the flyers fell to the ground, Escamilla said he saw Galvan push Corrigan away. Escamilla said this action prompted him to intervene, and he and another person he did not know moved between Corrigan and Galvan. Escamilla said he put his hands on Corrigan’s chest and said, “Don’t do it.” Corrigan later thanked Escamilla for keeping him from “doing something stupid.” After Escamilla intervened with Corrigan, Zuckerman appeared at the scene. Escamilla said that as soon as Corrigan saw Zuckerman, Corrigan appeared surprised, saying, “You’re Fred Zuckerman,” and he backed away and went to his car. Escamilla said the incident was over very fast and that Corrigan’s very negative comments upon coming out of the security station had caused it.
Jay Phillips told our representative that he received a text message and then a phone call from Corrigan on Thursday evening, September 22, with Corrigan calling to ask his advice. Phillips said he had put out the word in prior off-the-clock meetings with the local union’s Herrera supporters (consisting of business agents, stewards, and rank-and-file members) to “stay away” from any Zuckerman campaign activity. If any of them inadvertently came upon such activity, Phillips said he had told them to ignore it and go somewhere else, to avoid just the type of problem that Corrigan called about. During the phone call with Corrigan, Phillips told our representative that Corrigan admitted that he and Galvan “exchanged words” but denied any physical contact, stating, “There’s no way I assaulted him.”
No security cameras or cell phone video captured the incident.
Galvan told our representative that the next day, Friday, September 23, 2016, his wrists were very sore. He went to an emergency medical facility on Saturday and received a diagnosis of mild wrist sprain. Galvan decided to file a police report on the incident.
The protest asserted that Corrigan violated the Rules by striking Galvan and that Hoffa-Hall 2016 was responsible for Corrigan’s conduct.
Article VII, Section 12(a) of the Rules provides the following, in relevant part:
All Union members retain the right to participate in campaign activities, including the right to run for office, to support or oppose any candidate, to aid or campaign for any candidate, and to make personal campaign contributions. This includes, but is not limited to, the right to distribute campaign literature and) otherwise to solicit support for a member’s candidacy) outside a meeting hall before, during and after a Union meeting, regardless of Union policy, rule or practice.
Where any candidate or other member of the Union exercises or attempts to exercise any right finder the Rules to campaign for or against the candidacy of any person for the position of delegate, alternate delegate or International Officer, members of the Union shall have the reciprocal right to hear or otherwise receive such campaign advocacy.
Article VII, Section 12(g) states:
Retaliation or threat of retaliation by the International Union, any subordinate body, any member of the IBT, any employer or other person or entity against a Union member, officer or employee for exercising any right guaranteed by this or any other Article of the Rules is prohibited.
Zuckerman’s protest asserts that Corrigan’s conduct constituted impermissible retaliation. We agree. As we noted in Cooper, 2005 ESD 8 (September 2, 2005):
Actual violence to suppress Rules-protected conduct has been found to be retaliation. See Teller, P1086 (December 27, 1991) (finding violation where a local trustee grabbed a member by the arm, tapped a finger into his chest, grabbed him by the jacket collar and pushed him against the wall); Stefanski, P282 (January 22, 1996), aff’d 96 EAM 94 (February 21, 1996) (finding violation where a member grabbed another’s arm in a menacing manner and ordered him to leave the facility where he was campaigning). Further, a threat of violence has also been held retaliation. See Smith, P600 (April 30, 1996) (finding remark “you’ll be taken out of here in a body bag” to violate Rules); Lopez, P456 (April 10, 1996) (finding “I’ll kill you” to violate Rules); and Kelly, P600 (March 27, 1991) (finding threat to “kick their ass” made in menacing manner in violate Rules). A threat of retaliation must be serious and immediate to amount to a Rules violation. Past decisions recognize that loud and sensational language is part of the election process, and the Rules do not bar that sort of zealous campaigning. See Yocum, 2000 EAD 18 (September 1, 2000) (loud, rude and obnoxious behavior not unlawful), aff’d, 00 EAM 5 (September 18, 2000); Wasilewski, 2000 EAD 14 (August 14, 2000) (words exchanged between two sides not unlawful); and Rudolph, P861 (August 29, 1996) (no violation where tempers flared briefly on each side, words and a few pushes were exchanged). Moreover, in the cases finding retaliation, the circumstances show that the retaliator aimed at protected activity in a way to send an immediate message to the victim, and that the victim could reasonably perceive the threat in that way.
See also Zuckerman and Hoffa-Hall 2016, 2016 ESD 340 (December 15, 2016) (zealous campaigning accompanied by invasion of personal space not a Rules violation); Fauth, Raisor & Reynolds, 2016 ESD 176 (April 20, 2016), aff’d, 2016 EAM 19 (May 2, 2016) (physical altercation causing campaigner to stumble back, combined with threat to put campaigner and associate “on the concrete” violated the Rules).
In finding impermissible retaliation on Corrigan’s part, we distinguish between his words and actions that preceded his physical contact with Galvan and the physical contact itself. Thus, we conclude that Corrigan did not violate the Rules by yelling at Galvan about Galvan’s unsuccessful electoral record or by mockingly making a contribution to Teamsters United by throwing pocket change to the ground. Consistent with our precedents, Corrigan’s use of force – striking Galvan with fists and tearing handbills away from Galvan’s grip[2] – distinguishes this case from other confrontations that, while heated, do not violate the Rules. That physical and forcible contact violated the Rules because it constituted violence that was motivated by Galvan’s protected campaign activity.
In finding that Corrigan committed prohibited retaliation, we decline the protestor’s invitation to extend the violation to Hoffa-Hall 2016. We conclude on the evidence presented that Corrigan was acting alone, without knowledge or consent of Hoffa-Hall 2016.
We further conclude that, although Corrigan’s actions in striking Galvan’s wrist and attempting to pull flyers away from him violated the Rules, the incident consumed mere seconds and did not substantially interfere with or interrupt the campaign activity of Teamsters United, which continued at that worksite for the better part of two additional hours. Specifically, we find that Corrigan removed himself from the scene promptly after the incident, and his conduct did not deter or intimidate Galvan from further campaign activity. Further, the evidence shows that at least one rank-and-file member who witnessed Corrigan’s behavior was motivated to present himself as a witness in support of the protest, suggesting that the campaigners’ resolve in the face of Corrigan’s misconduct may have redounded to the benefit of the Teamsters United slate.
For the foregoing reasons, we GRANT the protest with respect to Corrigan and DENY it with respect to Hoffa-Hall 2016.
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. “The Election Supervisor’s discretion in fashioning an appropriate remedy is broad and is entitled to deference.” Hailstone & Martinez, 10 EAM 7 (September 14, 2010).
We order Corrigan to cease and desist from further violations of the Rules. We note that the International officers election has concluded and no campaign activity is ongoing at present. However, we find that Corrigan effectively abided by a cease and desist order from the moment of Zuckerman’s appearance in his presence on September 22, which caused him to end his retaliatory action and retreat from the scene. Phillips reinforced with Corrigan to desist from interfering with campaign activity of Teamsters United, and our representative’s interview with Corrigan emphasized that his conduct brought unwelcome scrutiny. Accordingly, we find that Corrigan has complied with the Rules since the September 22 incident.
Nonetheless, to encourage future compliance with the Rules, both for what remains of the current cycle and for the 2020-2021 election cycle, we order Corrigan to cease and desist from any Rules violation. To encourage him from engaging in conduct that would violate the Rules now or in the next election cycle, we impose a fine of $500 on Corrigan that he will be required to pay to the Office of the Election Supervisor only in the event we find that any conduct he engages in after September 22, 2016 and through the conclusion of the 2020-2021 International officer election cycle should violate the current Rules or those in effect for that cycle. This fine is strictly remedial in nature and is intended to impress upon Corrigan the obligation to comply with the Rules.
Further, Corrigan’s violation found here is especially troubling given his status as a sergeant-at-arms at the IBT convention, where a principal duty is to prevent violence in a politically charged environment. While Corrigan as an IBT member retained the right to support or oppose any candidate, and he was not acting as a sergeant-at-arms at the time he struck Galvan, his status as a sergeant-at-arms nonetheless placed on him an obligation to the union as an institution to conform his behavior to acceptable norms. For that reason, the behavior Corrigan exhibited in striking Galvan and attempting to pull flyers away from him reflected negatively on the IBT as an institution. Given that Corrigan demonstrated a lack of appreciation for the need to refrain from politically motivated violence, we order the IBT to forward a copy of this decision to the Chief Sergeant at Arms for the 2021 IBT convention, once that person is appointed. If the Chief Sergeant at Arms for the 2021 IBT convention wishes to use the services of Corrigan as part of the sergeant-at-arms corps at that convention, we order that Corrigan be given special instructions about acceptable behavior under the Rules and his obligation to conduct himself accordingly.
Finally, we order Local Union 396 to post the notice attached to this decision on all union worksite bulletin boards under its jurisdiction and to maintain that posting until January 31, 2017. The posting shall be made in English and Spanish and shall be completed no later than Wednesday, December 21, 2016; the local union shall certify compliance with the posting order no later than Friday, December 23, 2016.
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:
Kathleen A. Roberts
Election Appeals Master
JAMS
620 Eighth Avenue, 34th floor
New York, NY 10018
kroberts@jamsadr.com
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, 1050 17th Street, N.W., Suite 375, Washington, D.C. 20036, all within the time prescribed above. A copy of the protest must accompany the request for hearing.
Richard W. Mark
Election Supervisor
cc: Kathleen A. Roberts
2016 ESD 341
DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
braymond@teamster.org
David J. Hoffa
1701 K Street NW, Ste 350
Washington DC 20036
hoffadav@hotmail.com
Ken Paff
Teamsters for a Democratic Union
P.O. Box 10128
Detroit, MI 48210-0128
ken@tdu.org
Barbara Harvey
1394 E. Jefferson Avenue
Detroit, MI 48207
blmharvey@sbcglobal.net
Teamsters United
315 Flatbush Avenue, #501
Brooklyn, NY 11217
info@teamstersunited.org
Louie Nikolaidis
350 West 31st Street, Suite 40
New York, NY 10001
lnikolaidis@lcnlaw.com
Julian Gonzalez
350 West 31st Street, Suite 40
New York, NY 10001
jgonzalez@lcnlaw.com
David O’Brien Suetholz
515 Park Avenue
Louisville, KY 45202
dave@unionsidelawyers.com
Fred Zuckerman
P.O. Box 9493
Louisville, KY 40209
fredzuckerman@aol.com
Teamsters Local Union 396
880 Oak Park Rd, #200
Covina, CA 91724
teamsters@local396.net
Dennis Corrigan
djcorrigan007@msn.com
Richard Galvan
patg_0706@yahoo.com
Michael Miller
P.O. Box 251673
Los Angeles, CA 90025
miller.michael.j@verizon.net
Deborah Schaaf
1521 Grizzly Gulch Dr
Helena, MT 59601
dschaaf@ibtvote.org
Jeffrey Ellison
214 S. Main Street, Suite 212
Ann Arbor, MI 48104
EllisonEsq@aol.com
Office of the Election Supervisor
for the International Brotherhood of Teamsters
1050 17th Street, N.W., Suite 375
Washington, D.C. 20036
202-429-8683
844-428-8683 Toll Free
202-774-5526 Facsimile
ElectionSupervisor@ibtvote.org
www.ibtvote.org
Richard W. Mark
Election Supervisor
Notice to All MEMBERS of local union 396
from the IBT Election Supervisor
The Election Supervisor has found that Dennis Corrigan, a member of Local Union 396 and an employee of UPS at the Main Street hub, violated the Election Rules by striking Richard Galvan on his wrist with his fists on September 22, 2016 as Galvan campaigned for Teamsters United in the UPS Main Street parking lot.
The Election Rules grant members the right to campaign. The Election Rules prohibit retaliation against members who exercise their right to campaign. Corrigan’s violence against Galvan violated the Election Rules.
The Election Supervisor will not permit any such violations of the Election Rules. The Election Supervisor has ordered Corrigan not to violate the Election Rules again, and has found that he has not violated them since the incident on September 22, 2016. The Election Supervisor has further ordered that, if Corrigan violates the Election Rules again, either in the current election cycle or in the 2020-2021 election cycle, he will be required to pay a fine of $500 to the Office of the Election Supervisor. In addition, the Election Supervisor has ordered that, if Corrigan is again selected to serve as a sergeant-at-arms for the 2021 IBT convention, he receive special instruction about acceptable behavior under the Election Rules. Finally, the Election Supervisor has ordered Local Union 396 to post this notice on all worksite bulletin boards the local union maintains.
The Election Supervisor has issued this decision in Zuckerman, 2016 ESD 341 (December 15, 2016). You may read this decision at https://www.ibtvote.org/Protest-Decisions/esd2015/2016esd341.
Any protest you have regarding your rights under the Rules or any conduct by any person or entity that violates the Rules should be filed with Richard W. Mark, 1050 17th Street, N.W., Suite 375, Washington, D.C. 20036, telephone: 844-428-8683, fax: 202-774-5526, email: electionsupervisor@ibtvote.org.
This is an official notice of the Election Supervisor for the International Brotherhood of Teamsters
and must remain posted on this bulletin board through and including
January 31, 2017. It must not be defaced or covered up.
Office of the Election Supervisor
for the International Brotherhood of Teamsters
1050 17th Street, N.W., Suite 375
Washington, D.C. 20036
202-429-8683
844-428-8683 Sin cargo
202-774-5526 Fax
ElectionSupervisor@ibtvote.org
www.ibtvote.org
Richard W. Mark
Supervisor de Elecciones
AVISO A TODOS LOS MIEMBROS DEL SINDICATO LOCAL 396
DEL SUPERVISOR DE ELECCIONES DE IBT
El Supervisor de Elecciones ha determinado que Dennis Corrigan, miembro del Sindicato Local 396 y empleado de UPS en el concentrador de Main Street, violó las Reglas de Elecciones al golpear a Richard Galvan en la muñeca con los puños el 22 de septiembre de 2016 mientras Galvan hacía campaña para Teamsters United en la playa de estacionamiento de UPS en Main Street.
Las Reglas de Elecciones les otorgan a los miembros el derecho a hacer campaña. Las Reglas de Elecciones prohiben las represalias contra los miembros que ejercen su derecho a hacer campaña. La violencia de Corrigan contra Galvan violó las Reglas de Elecciones.
El Supervisor de Elecciones no permitirá ninguna violación como esa de las Reglas de Elecciones. El Supervisor de Elecciones le ha ordenado a Corrigan que no viole las Reglas de Elecciones nuevamente y ha determinado que no las ha violado desde el incidente del 22 de septiembre de 2016. Además, el Supervisor de Elecciones ha ordenado que, si Corrigan viola las Reglas de Elecciones nuevamente, ya sea en el ciclo de elecciones actual o en el de 2020-2021, se le exigirá que pague una multa de $500 a la Oficina del Supervisor de Elecciones. Adicionalmente, el Supervisor de Elecciones ha ordenado que, si Corrigan resulta nuevamente electo para servir como funcionario que mantiene el roden para la convención de IBT de 2021, reciba instrucción especial sobre la conducta aceptable según las Reglas de Elecciones. Finalmente, el Supervisor de Elecciones ha ordenado al Sindicato Local 396 que exhiba este aviso en todas las pizarras de boletines de los lugares de trabajo que mantiene el sindicato local.
El Supervisor de Elecciones ha dictado esta decisión en Zuckerman, 2016 ESD 341 (15 de diciembre de 2016). Puede leer esta decisión en https://www.ibtvote.org/Protest-Decisions/esd2015/2016esd341.
Toda protesta con relación a sus derechos conforme las Reglas o todo comportamiento de una persona o entidad que viole las Reglas debe ser presentada ante Richard W. Mark, 1050 17th Street, N.W., Suite 375, Washington, D.C. 20036, teléfono: 844-428-8683, fax: 202-774-5526, correo electrónico: electionsupervisor@ibtvote.org.
El presente es un aviso oficial del Supervisor de Elecciones para la Hermandad Internacional de Camioneros.
Debe permanecer exhibido en esta pizarra de boletines hasta el 31 de
enero de 2017 inclusive. No debe ser deteriorado ni cubierto.
[1] Galvan could not recall specifically whether Corrigan used both fists to strike Galvan’s wrist or only one.
[2] All witnesses except Corrigan reported to our representative that Corrigan either struck Galvan’s wrist with his fists or attempted to wrest the flyers Galvan held away from him, or both. While most of these witnesses were Teamsters United campaigners, some were not. All provided a consistency of detail as to Corrigan’s violent conduct that persuades us that he struck Galvan and attempted to yank the flyers from Galvan’s hands, both of which violate the Rules. Against this consistent and credible evidence, Corrigan’s claim that “[t]here’s no way I assaulted him” rings hollow and we do not credit it.