Protest Decisions

December 12, 1995

VIA UPS OVERNIGHT

Cliff Webb

December 12, 1995

Page 1

Cliff Webb, Secretary-Treasurer

Teamsters Local Union 150

7120 East Parkway

Sacramento, CA 95823

Ken Mee, Vice President

International Brotherhood of Teamsters

1452 N. 4th Street

San Jose, CA 95112

Gary Goodman

16 Elm Street

Woodland, CA 95695

Cliff Webb

December 12, 1995

Page 1

Re:  Election Office Case No. P-233-LU150-CCV

Gentlemen:

A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by

Cliff Webb, secretary-treasurer of Local Union 150, against International Vice President

Ken Mee.  The protester alleges that the charged party told Local Union 150 Member

Gary Goodman that neither he nor the International Union would help local union members involved in a dispute with their employer because Mr. Webb does not support General President Ron Carey.[1]  The protester did not witness any of Mr. Mee’s conversations with

Mr. Goodman. 

Mr. Mee denies having made such statement and asserts that he has done everything possible to help Mr. Goodman.

Regional Coordinator Don Twohey investigated the protest.

Cliff Webb

December 12, 1995

Page 1

The protester, Cliff Webb, is the secretary-treasurer for Local Union 150.  For the past 15 years, Mr. Goodman has been employed by the Port of Sacramento (“the Port”) as a foreman and dispatcher and is a member of Local Union 150.   He also serves as local union steward.  Over the years, Local Union 150 has been losing work traditionally performed by its members at the Port to the International Longshoremen Workers Union.  Mr. Mee first learned of this problem from Local Union 150 Business Agent Mike Tobin.  Mr. Mee advised International Representatives Bill Freitas and Johnny Morris, head of the Ports Department, about the loss of work by Local Union 150 members.

In June 1995, Mr. Freitas went to Sacramento to investigate the dispute. 

Mr. Goodman asserts that on June 13, 1995, Mr. Freitas told him and Mr. Tobin that “he would have this whole thing straightened out” in 30 days.  Mr. Goodman contends he then heard nothing from Mr. Frietas and his attempts to contact him were unsuccessful.[2] 

Mr. Goodman contends that he and Mr. Tobin telephoned, sent letters and faxed General President Carey, but received no response from anyone at the International union.

Thereafter, the problems at the Port progressed beyond a jurisdictional dispute.  The Port recently fired all IBT-represented employees and hired nonunion employees to perform their work.  An arbitration hearing was scheduled for December 11, 1995 to determine whether Local Union 150 has a viable contract with the Port.

Attempting to seek assistance from the International union again, Mr. Goodman contacted Jim Benson, an IBT representative in Arizona, who had worked on a dispute at the Port several years earlier.  Mr. Benson referred Mr. Goodman to Mr. Mee, who is based in California.

On November 2, 1995, Mr. Mee returned a telehone call from Mr. Goodman.   A brief conversation ensued.  Mr. Goodman typed up his recollection of the telephone conversation with Mr. Mee.  He did not tape-record the conversation.   The notes of this conversation were attached to the protest.  Mr. Goodman confirms what appears in his “transcript” as the conversation he alleges occurred with Mr. Mee.

Mr. Goodman advised Mr. Mee about the problems at the Port and of his attempt to seek assistance from Mr. Freitas and Mr. Carey.  Mr. Goodman insisted that Local Union 150 needed help from the International union.  In describing the history of the situation,

Mr. Goodman described Mr. Webb’s role.  According to Mr. Goodman, after he mentioned Mr. Webb, Mr. Mee’s attitude became “hostile [and] defensive . . .”   Mr. Mee stated to

Mr. Goodman that he and Mr. Webb “don’t get along because of a previous issue and its [sic] political, anyway.”  Then Mr. Mee allegedly told Mr. Goodman that the local union would have to deal with the Port situation by itself.

Cliff Webb

December 12, 1995

Page 1

Mr. Goodman asserts that when he objected to this pronouncement, Mr. Mee stated, “If you walk into Local 150, you don’t see any Ron Carey signs.  Nothing in support of Carey.  This is a political issue as well.  You can thank Cliff [Webb] for this.  Cliff has put you in this position.

Before this conversation ended, Mr. Goodman states that Mr. Mee referred him to Johnny Morris and Jack Cox, an IBT representative on the West Coast, because they specialized in ports and docks.

Mr. Mee denies ever mentioning Mr. Carey in his telephone conversation with

Mr. Goodman or in any way making his assistance to Local Union 150 contingent upon support for Mr. Carey.  According to Mr. Mee, he advised Mr. Goodman to contact

Mr. Morris and Mr. Cox, stating that Mr. Goodman could not arrange for help from the IBT on his own.  Mr. Mee contends that he told Mr. Goodman that Mr. Webb would not speak to him.

On Sunday, November 5, Mr. Mee states he called Mr. Goodman again and spoke with him for over an hour.  According to Mr. Mee, Mr. Goodman wanted approval from the IBT to call a strike at the Port.  Mr. Mee agreed with Mr. Goodman that the Port situation was critical. They discussed the possibility of a corporate campaign and Mr. Mee emphasized working through Mr. Morris.  Mr. Mee told Mr. Goodman that he would have to work through Mr. Webb and stated that Mr. Webb refused to deal with him due to political differences.  Other than this statement, Mr. Mee asserts, he did not mention Mr. Webb during the telephone conversation and never mentioned Mr. Carey.  Mr. Goodman informed Mr. Mee about the arbitration scheduled for December 11, 1995.  Mr. Mee advised Mr. Goodman to sign his men up immediately on the union’s out-of-work list rather than waiting for the results of the arbitration, as there were jobs available.  He told Mr. Goodman that as an arbitration hearing was scheduled, a strike might not be possible.

The instant protest consists entirely of Mr. Goodman’s written recollections of his November 2 telephone conversation with Mr. Mee.  The protester alleges that Mr. Mee’s statements were retaliatory for the local union’s opposition to Mr. Carey.  Section 11(a) guarantees all union members “the right to participate in campaign activities, including the right  . . . to support or oppose any candidate.”  Section 11(f) prohibits “(r)etaliation or threat of retaliation by the International Union . . . against a Union member, officer or employee for exercising any right guaranteed by this or any other Article of the Rules . . .”  

The facts of this case, when viewed in their totality, fail to provide evidence of retaliation under Article VIII, Section 11(f) against the protester, Mr. Goodman, or the local union.   In the conversations between Mr. Mee and Mr. Goodman, Mr. Mee advised

Mr. Goodman who to contact in the International union for assistance and then he called

Mr. Goodman again to discuss the Port situation with him at length.  In both telephone conversations, Mr. Mee admitted to Mr. Goodman that he and Mr. Webb have a bad relationship and cannot work together.  The evidence indicates that Mr. Mee assisted Mr. Goodman in the resolution of the Port situation even though he viewed himself as a political opponent of Mr. Webb or the local union.

Cliff Webb

December 12, 1995

Page 1

Accordingly, the protest is DENIED.

Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within one day 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.

Latham and Watkins

885 Third Avenue, Suite 1000

New York, NY  10022 

Fax (212) 751-4864

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:               Kenneth Conboy, Election Appeals Master

Don Twohey, Regional Coordinator