August 10, 1995
Darryl Sullivan
August 10, 1995
Page 1
Darryl Sullivan
2509 Richmond
Arlington, TX 76014
T.C. Stone, Jr., Secretary-Treasurer
IBT Local Union 745
10007 Jonelle Street
Dallas, TX 75217
Larry Kennedy
4701 Canyon Trail, # 3202
Euless, TX 75040
Darryl Sullivan
August 10, 1995
Page 1
RE: Election Office Case. No. P-113-LU745-SCE
Gentlemen:
This protest was filed pursuant to Article XIV, §2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by Darryl Sullivan, a member of Local Union 745. The protest alleges that threatening statements in violation of the Rules were made by Larry Kennedy, a member of Local Union 745, to Jeanne Sullivan, the spouse of Protester Sullivan, at her place of employment as a result of allegedly retaliatory statements made by Local Union 745 Secretary-Treasurer T.C. Stone, Jr. at a membership meeting held on June 4, 1995, because Darryl Sullivan had filed an earlier protest with the Election Officer.
The protest was investigated by Regional Coordinator Bruce Boyens.
The investigation revealed that Secretary-Treasurer Stone at an Local Union 745 meeting held June 4, 1995, in a fifteen minute address from the podium, responded in heated terms to the content of a protest filed earlier by Darryl Sullivan. Mr. Stone identified Mr. Sullivan by name as the member who filed the protest.(See Case No. P-084-LU 745-SCE (June 30, 1995), rev’d., 95-Elec.App-2. (KC).
Darryl Sullivan
August 10, 1995
Page 1
Jeanne Sullivan works at Tucker Rocky, a non-union establishment. In a telephone interview and in a personal interview with the investigator, Ms. Sullivan stated that at Tucker Rocky, she comes into contact with Larry Kennedy, an employee of Yellow Freight and a member of Local Union 745, when he makes pickups and deliveries to Tucker Rocky. Prior to June 22, 1995, she spoke to Mr. Kennedy from time to time about the Teamster elections. Mr. Kennedy had, at least on one occasion, worn an “Impeach Ron Carey” t-shirt. On June 15, 1995, Ms. Sullivan stated she wore a TDU t-shirt and Mr. Kennedy remarked that she had terrible taste. They expressed conflicting views about the candidates, but their brief discussions were cordial.
On June 22, 1995, Ms. Sullivan indicated that Mr. Kennedy came to her work station and asked her name, but she did not reply because her husband, Darryl, directed her not to give her name to any IBT member because he had felt harassed and threatened at the June 4, 1995 meeting. Ms. Sullivan indicated that a co-worker named “Maggie” told Mr. Kennedy Ms. Sullivan’s name. Later, when Ms. Sullivan took a break, she asked Mr. Kennedy for a “light” for her cigarette. Mr. Kennedy advised Ms. Sullivan she could use the lighter in his truck cab. Ms. Sullivan then used the lighter in Mr. Kennedy’s truck and saw an “Impeach Ron Carey” sticker on his dashboard.
After her break, Ms. Sullivan contends Mr. Kennedy then asked Ms. Sullivan if she was related to Darryl. When she did not reply, he asked what kind of car she drove. Ms. Sullivan responded that it was none of his business. About twenty minutes later, after Ms. Sullivan returned to her work area and as Mr. Kennedy was leaving the area, Ms. Sullivan indicates that Mr. Kennedy asked her, while displaying a knife, whether she “would like to have her tires flattened?” Ms. Sullivan asked “Why?” and contends Mr. Kennedy replied that he did not like her TDU T-shirt. Sullivan then indicates she said she would trade her T-shirt for his “Impeach Ron Carey” T-shirt. She further indicates that she told Mr. Kennedy that his T-shirt was not appropriate. While holding his knife in his hand, Ms. Sullivan contends, Mr. Kennedy replied “There goes your tires” and left.
“Maggie,” a reluctant witness who refused to disclose her surname, indicated in a telephone interview she saw Mr. Kennedy and Ms. Sullivan talking on June 22nd, and that Mr. Kennedy had a knife in his hand and she heard him refer to a car. She did not see him wave the knife or threaten to slash tires. “Maggie” refused to be interviewed in person.
Mr. Kennedy, who was interviewed by telephone and then in a personal interview with the investigator, denied having attended the June 4, 1995, meeting, a statement which is supported by the Local Union 745 records. He stated that he does not know Ms. Sullivan by name and several weeks after the protest was filed still does not know any of the women by name who work at Tucker Rocky. Mr. Kennedy stated that he and a woman (apparently Ms. Sullivan) who works at Tucker Rocky have had discussions about the Teamsters (including offering to get the woman a Hoffa t-shirt) and have had a friendly, joking disagreement about union politics and how the union is run. He acknowledged that on June 22, 1995, he did make a pickup/delivery at Tucker Rocky and did talk to the same woman about the Teamsters. He contends that, as before, the discussion, while reflecting disagreement, was cordial. He denies making any comments about slashing tires or holding a knife during the discussion. He acknowledges that he carries a pocket knife which he regularly uses in his work.
Darryl Sullivan
August 10, 1995
Page 1
The instant protest alleges that Mr. Kennedy, as a consequence of inflammatory statements directed at Protester Sullivan at a June 4, 1995, membership meeting, made threatening remarks to Sullivan’s spouse at her work place on June 22, 1995. The protester contends that Secretary-Treasurer Stone, who made the inflammatory remarks, is responsible for the conduct of Mr. Kennedy in allegedly threatening Ms. Sullivan at her work place and, therefore, Mr. Stone and the Local Union are in violation of the Rules.
The evidence adduced in the investigation failed to establish either that Mr. Kennedy was present at the June 4, 1995 meeting or that there was any connection between the comments made by Secretary-Treasurer Stone or other officials at the June 4, 1995 meeting and the subsequent conversation between Mr. Kennedy and Ms. Sullivan. Since the evidence failed to establish a nexus between the comments of Mr. Kennedy on June 22, 1995 and the earlier comments made by the Local Union officers at the June 4, 1995 meeting, the protest is DENIED as to Mr. Stone and Local Union 745.
It remains to be decided whether the conduct of Mr. Kennedy constituted a violation of the Rules. A threat of property damage if it is in retaliation for engaging in campaign activities or other protected actions, such as filing a protest, even if directed to the spouse of a person engaged in protected activities, would constitute a violation of the Rules. Here, however, the investigation failed to adduce sufficient credible evidence to establish that Mr. Kennedy made such a threat. The Regional Coordinator interviewed and obtained signed statements from both Ms. Sullivan and Mr. Kennedy. He also interviewed, by telephone, “Maggie,” who proved to be a reluctant witness, and would not meet personally with him. Further, he reviewed the affidavits submitted by two other drivers who were in the area when the incident occurred. Based upon a careful evaluation of all the evidence obtained during this investigation, the Election Officer concludes that Mr. Kennedy’s denial that he made threats or exhibited his pocket knife is more credible than Ms. Sullivan’s allegations. Insofar as the evidence failed to establish that Mr. Kennedy threatened Ms. Sullivan, the protest is also DENIED as to Mr. Kennedy.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within twenty-four (24) hours of 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, New York 10038
Facsimile: (212) 248-2655
Darryl Sullivan
August 10, 1995
Page 1
Copies of the request for hearing must be served on the parties listed above, as well as upon the Election Officer at The Office of the Election Officer for the International Brotherhood of Teamsters, 400 North Capitol Street, N.W. Suite 855, Washington, D.C. 20001, phone (202) 624-3500, facsimile (202) 624-3525.
A copy of the protest must accompany a request for hearing.
Sincerely,
Barbara Zack Quindel
Election Officer
cc: Kenneth Conboy, Esq., Election Appeals Master
Bruce Boyens, Regional Coordinator