OFFICE OF THE ELECTION OFFICER
for the INTERNATIONAL BROTHERHOOD OF TEAMSTERS
400 N. Capitol Street NW, Suite 855
Washington, DC 20001
(202) 624-3500
(800) 565-VOTE
Fax (202) 624-3525
Barbara Zack Quindel Milwaukee Office:
Election Officer Perry, Lerner & Quindel, S.C.
823 N. Cass Street
Milwaukee, WI 53202
(414) 272-7400
June 30, 1995
VIA UPS OVERNIGHT
Gene Bond Edward J. Sherman
14911 Highway 72 East Secretary-Treasurer
Davis Junction, IL 61020 IBT Local Union 325
5533 Eleventh Street
Rockford, IL 61109
RE: Election Office Case No. P-083-LU 325-CHI
Gentlemen:
A protest was filed pursuant to Article XIV, Section 2(b), of the Rules for the 1995-96 IBT International Union Delegate and Officer Election ("Rules") by Gene Bond, a member of Local Union 325. The protest alleges that on May 25, 1995, Edward (Ted) Sherman, Secretary-Treasurer of Local Union 325, confronted him during his working hours at the ABF terminal and, in a threatening and intimidatory manner, interrogated him about having earlier filed a protest (P-050-LU 325-CHI) with the Election Officer. Bond further alleged that this conduct by Secretary-Treasurer Sherman was in retaliation for having filed the protest.
On May 24, 1995, the Office of the Election Officer received a protest signed by Local Union 325 members, Dirk P. Ohlson, Terry L. Randall and Gene Bond. The protest was dated May 23, 1995, and alleged that Local Union 325 Secretary-Treasurer Edward Sherman improperly used the Local Union hall and his office to further campaigns of a candidate for International Union office and to undermine the current General President of the International Union. Bond asserts that he filed the current protest with the Election Officer and provided a copy to his Local Union as required by the Rules. Bond alleges that on May 25, 1995, Secretary-Treasurer Sherman confronted him at the ABF Terminal during working hours. Secretary-Treasurer Sherman approached Bond holding a copy of the protest dated May 24, 1995, and asked Bond, “Is this your signature?” Bond replied, “Yes, it is” and thereafter Sherman began using obscene language (S.O.B., M-F-,C.S., etc.). Bond states Secretary-Treasurer Sherman then tried to engage him in a fight.
The protest was investigated by Regional Coordinator Julie Hamos. The investigation revealed that, after Secretary-Treasurer Sherman learned of the earlier protest by Bond and the other two members of Local Union 325, he indicated he "stayed up all night wondering what I did wrong" and was clearly upset.
Gene Bond
June 30, 1995
Page 1
The next day, on May 25, 1995, Secretary-Treasurer Sherman went to the ABF Terminal with the protest in his pocket[1]. Sherman stated that while at the site, he saw Bond and decided to ask him if that was his signature on the protest. Both Bond and Sherman confirmed that Sherman approached Bond with a copy of the protest and asked if he had signed it. They also concur that a loud, heated argument ensued.
Bond asserts that Secretary-Treasurer Sherman uttered a stream of obscenities and challenged him to a fight. Sherman denies using any obscene language or threatening Bond. The only witness, Bill Fruin, indicated that he observed the two arguing from a distance, but only heard Secretary-Treasurer Sherman ask Bond "if [he] wanted my job?" and Bond reply "Ted, take it easy. Cool it." Fruin heard no reference to hitting or violence.
During the investigation, Bond indicated that, while he was angry and offended at being sought out at work and derided for filing a protest, he at no time during the incident feared he might be assaulted.
As stated in the Decision of the Election Officer In re: Puglisi, Case No. P-1074-LU64-ENG (Nov. 25, 1991), aff’d, 91-Elec. App.-242, aff’d, 88 CIV. 4486, slip op., (S.D.N.Y. 1992): "[T]he right of IBT members to file election protests, even protests which are found to be non-meritorious, goes to the heart of the safe guards mandated by the Rules and the Consent Order." The Rules explicitly provide that "any member . . . may file a protest with the Election Officer alleging non-compliance with the Rules, free from retaliation or threat of retaliation by any person or entity for such filing." Article XIV, Section 1. The Election Officer's review of the May 25 incident reveals that Secretary-Treasurer Sherman was upset that the original protest had been filed and chose to interrogate Bond about his role in the protest at the work site under circumstances and in a manner which was inherently coercive and, whether intentionally or not, would reasonably tend to have a chilling effect upon the willingness of members to file protests if they felt they would be subject to such interrogations and confrontations at their work place.[2]
In reaching this conclusion, the Election Officer does not find it necessary to determine whether Secretary-Treasurer Sherman actually challenged Bond to fight or addressed him in obscene terms during the encounter. In the instant situation, it is sufficient to find, as the Election Officer has found, that Secretary-Treasurer Sherman approached Bond at his work site and in an angry manner demanded to know if he signed the protest. Under such circumstances, the conduct of Secretary-Treasurer Sherman in so displaying his displeasure at Bond's signing the earlier protest, would, if permitted to go unchecked, have the effect of inhibiting members from feeling
free to file protests about activities of union officials which they believed violated the Rules. The Rules, therefore, have been violated and the protest is GRANTED.
To remedy this violation, Local Union 325 Secretary-Treasurer Sherman is directed to duplicate and post the notice appended to this decision within seven (7) days of this decision on all Local Union 325 bulletin boards for thirty (30) consecutive days from the day of posting.[3] Within two (2) days of posting the notice, the principal executive officer of Local Union 325 shall file an affidavit with the Election Officer demonstrating compliance with this directive.
If any interested party is not satisfied with this determination, they may request a hearing before the Election Appeals Master within one day of their receipt of this letter. The parties are reminded that, absent extraordinary circumstances, no party may rely upon evidence that was not presented to the Office of the Election Officer in any such appeal. Requests for a hearing shall be made in writing and shall be served on:
Kenneth Conboy, Esq.
Mudge, Rose, Guthrie, Alexander & Ferdon
180 Maiden Lane, 36th Floor
New York, NY 10038
fax (212) 248-2655
Copies of the request for hearing must be served on the parties listed above as well as upon the Election Officer, 400 North Capitol Street, Suite 855, Washington, D.C. 20001, Facsimile (202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Barbara Zack Quindel
Election Officer
cc: Election Appeals Master Kenneth Conboy
Julie E. Hamos, Regional Coordinator
NOTICE TO TEAMSTER MEMBERS
FROM BARBARA ZACK QUINDEL, ELECTIONS OFFICER, IBT
Pursuant to the Rules for the 1995-1996 IBT International Union Delegate and Officer Elections, you have the right to file a protest concerning any violation of the Rules for the election free from retaliation or threat of retaliation by any person or entity for having filed such protests with the Office of the Election Officer.
No one, no Local Union officer, delegate, steward, employee of member may threaten, coerce, harass or otherwise retaliate or take any other adverse action against you because you have filed a protest with the Election Officer pursuant to the Rules for the 1995-96 IBT election.
Any attempt by any Local 325 officer, delegate, steward, employee or member to interfere or retaliate against you for filing a protest pursuant to the Rules of the Office of the Election Officer should be immediately reported to Barbara Zack Quindel, Election Officer, IBT at her Washington, DC office. All such reports shall be immediately investigated and appropriate and remedial action taken.
BARBARA ZACK QUINDEL
Election Officer, IBT
This is an official notice, and must remain posted for thirty consecutive days from the day of posting, and must not be altered, defaced or covered by any other material.
[1] Secretary-Treasurer Sherman states he went to the ABF site to determine how many employees planned to attend a hazardous metals class on June 10, 1995. This is in conflict with a statement Sherman made to witness Grady Stevenson who states that he spoke to Sherman upon his arrival at the site, and Sherman said he was there to check on Silver Arrow, a non-union shop.
[2] Similar holdings are found in the decisions of the National Labor Relations Board. See Hardin, The Developing Labor Law, (BNA) 3rd Ed., 1992, Vol. 1, pp. 76-77; see also The Developing Labor Law - 1994 Cumulative Supplement, pp. 9-11 and cases cited therein.
[3] To ensure that members will feel free to exercise rights guaranteed under the Rules, the Election Officer has in prior cases ordered the posting of remedial notices making clear to members that such rights may be exercised without fear of reprisal. The Election Officer directed such postings in 1991 even where there was insufficient evidence to establish that the Rules had been violated. See In re: Veltry, et al., Case No. P-399-LU810-NYC (May 2, 1991), aff’d, 91-Elec. App.-149 (1991).