Protest Decisions

January 22, 1996

VIA UPS OVERNIGHT

Daniel E. Stefanski, et al.

January 22, 1996

Page 1

Daniel Stefanski, Secretary-Treasurer

Teamsters Local Union 726

300 S. Ashland Avenue

Chicago, IL 60607

William T. Hogan, President

Teamsters Joint Council 25

1645 W. Jackson, 6th Floor

Chicago, IL 60612

Dennis McNamara

Teamsters Joint Council 25

1645 W. Jackson, 6th Floor

Chicago, IL 60612

Danny Mousette

Teamsters Joint Council 25

1645 W. Jackson, 6th Floor

Chicago, IL 60612

Dane Passo

6811 W. Roosevelt Road

Berwyn, IL 60402

Daniel E. Stefanski, et al.

January 22, 1996

Page 1

Re:              Election Office Case Nos.               P-282-LU714-SCE

                                                                          P-283-LU705-SCE

Gentlemen:

Related pre-election protests were filed pursuant to Article VIII, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by Daniel E. Stefanski, secretary-treasurer of Local Union 726, and Dane Paso, a member of Local Union 726.  

Daniel E. Stefanski, et al.

January 22, 1996

Page 1

Mr. Stefanski (P-282-LU714-SCE) charges that William T. Hogan, Jr., president of Joint Council 25, secretary-treasurer of Local Union 714, and a candidate for International secretary-treasurer, utilized union resources to campaign during a Christmas party held at a Chicago Transit Authority (“CTA”) facility on December 20, 1995.  Such conduct, the protester argues, violates Article VIII, Section 11(a) of the Rules.[1]  In response, Mr. Hogan states that no union resources were utilized because such campaigning took place during his lunch hour and not on union time.

Mr. Passo (P-283-LU705-SCE), a member of Local Union 705, charges that

Mr. Stefanski impermissibly intimidated him during the same Local Union 726 function as he attempted to campaign on Mr. Hogan’s behalf.   He charges that such conduct violates

Article VIII, Section 11(f) of the Rules.  Mr. Stefanski denies the charges, stating that

Mr. Passo began hollering at him during the function. 

These protests were investigated by Regional Coordinator Bruce Boyens.  Because these protests raise similar factual claims, they were consolidated by the Election Officer.

According to Mr. Passo and Nick Petrecca, a member of Local Union 705, two confrontations took place between the protester and Mr. Stefanski.  On December 17, 1995, Mr. Passo and Mr. Petrecca were seated in a local restaurant discussing Mr. Hogan’s planned campaign appearance at the Local Union 726 function.  Mr. Hogan had been invited to the function by Andy Isdale, a former Local Union 726 steward.  Seated in the restaurant booth next to Mr. Passo and Mr. Petrecca was Mr. Stefanski, who apparently overheard their conversation.

According to Mr. Passo and Mr. Petrecca, Mr. Stefanski told the two men to stay away from “his Local;” and that Mr. Passo “didn’t belong there” because Local Union 726 members were “my people.”   Mr. Stefanski also allegedly told Mr. Passo to “watch what he was doing” and that Mr. Passo did not know “what you’re getting yourself into.”  At some point, Mr. Petrecca attempted to intervene in the conversation but was told by Mr. Stefanski to “shut the fuck up” since it was none of his business.  Mr. Passo states that he told

Mr. Stefanski that Mr. Hogan would be at the CTA facility on December 20 to campaign regardless of Mr. Stefanski’s wishes.

Both Mr. Petrecca and Mr. Passo stated that they felt threatened by Mr. Stefanski’s presence and words.  Mr. Passo is approximately 5' 6" tall and weighs 165 lbs.  Mr. Stefanski is approximately 6' 2" tall and weighs 220 lbs.

Daniel E. Stefanski, et al.

January 22, 1996

Page 1

On December 20, Mr. Hogan, Mr. Passo, Mr. Mousette and Mr. McNamara arrived at the CTA facility to campaign between the hours of 11 a.m. and 12 p.m.  Mr. Stefanski had arrived earlier.  Mr. Passo began walking upstairs as Mr. Stefanski was coming downstairs.  Mr. Stefanski grabbed Mr. Passo’s upper arm and, in a loud, angry tone asked Mr. Passo, “What are you doing here?” and “What are all these fellows doing here?”  Mr. Passo answered, “campaigning.”  Mr. Stefanski then told Mr. Passo, “It’s my barn and you don’t belong here,” and to “get the fuck out of here.”  Mr. Stefanski then released Mr. Passo’s arm from his grip and proceeded downstairs to confront Mr. Hogan.  A similar conversation took place between Mr. Stefanski and Mr. Hogan although there was no physical contact.              

In addition, Ken Brandley, a Local Union 726 business agent, took pictures of

Mr. Hogan, Mr. Passo, Mr. Mousette and Mr. McNamara as they campaigned.[2]  Mr. Hogan told Mr. Brandley to “go ahead and take pictures for your protest,” to which either

Mr. Brandley or Mr. Stefanski responded that a protest would be filed with the Election Officer.

According to Mr. Passo, the Hogan entourage stayed for approximately 15 more minutes.  Before leaving the CTA facility, however, Mr. McNamara confronted

Mr. Stefanski.  Mr. McNamara, a retired Chicago police officer, called Mr. Stefanski a “chump” and told him that his “gang-banging days were over.”

Mr. Stefanski stated that he was present at the Christmas function with the business agents to pass out local union pins, calendars and other paraphernalia.  He denies any physical contact between himself and Mr. Passo.  Mr. Stefanski admits that he was angry with

Mr. Hogan’s and Mr. Passo’s interference with job assignment issues within Local Union 726.  Thus, according to Mr. Stefanski, the verbal exchange that took place between the three individuals related to the interference by outsiders into Local Union 726 issues, and was not related to any member’s campaign activity. 

Article VIII, Section 11(a) of the Rules states, in relevant part, that “[n]o candidate or member may campaign during his/her working hours.  Campaigning incidental to work is not, however, violative of this section.  Further, campaigning during paid vacation, paid lunch hours or breaks, or similar paid time off is also not violative of this section.”

It is undisputed that between the hours of 11:00 a.m. and 12:00 p.m. on December 20, 1995, Mr. Hogan campaigned at the CTA facility.  He was accompanied by Mr. Passo and two Joint Council 25 representatives, Dan Mousette and Dennis McNamara.  The Election Officer’s investigation, however, supports Mr. Hogan’s claim that his campaigning occurred during his lunch hour.  Campaigning during paid lunch hours is not a violation of the Rules.  Thus,

Mr. Stefanski’s protest in P-282-LU714-SCE is DENIED.

Article VIII, Section 11(f) of the Rules states that “[r]etaliation 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.” 

Daniel E. Stefanski, et al.

January 22, 1996

Page 1

Alleged violations of this section are sustainable only if there is some evidence that connects the protested conduct with a guaranteed right under the Rules.  Parisi, Case No. P-1095-LU294-PGH (December 2, 1991).  Neither a “heated” discussion involving IBT members nor the mere “physical presence” of one member in relation to another violates the Rules.  Dunn, P-110-LU25-BOS (July 28, 1995), aff’d, 95 - Elec. App. - 8 (KC) (August 21, 1995).  However, the physical battering of a union member for exercising rights protected under the Rules “fundamentally undermines . . . fair, honest and open elections.”  Teller, Case No. P-1086-LU741-PNW (December 27, 1991) (A local union trustee grabbed a union member by the arm, tapped a finger into the member’s chest, grabbed him by the jacket collar and pushed him against a wall.)  Smith, P-189-LU480-SEC (January 21, 1991), aff’d, 91 - Elec. App. - 51 (SA)

(January 29, 1991) (A union member was struck on the back of the head for expressing unpopular political beliefs.)

Mr. Passo’s account of what took place at the CTA facility is corroborated by several witnesses.  Several witnesses observed Mr. Stefanski grab Mr. Passo’s arm in a menacing manner and demand that he “get the fuck out.”  Various witnesses stated that Mr. Stefanski likely planned the December 20 confrontations with Mr. Passo and Mr. Hogan and denied that

Mr. Stefanski’s presence at the Christmas party was customary.

The Election Officer is charged with the obligation to ensure the conduct of fair, honest, open and informed elections.  The interference by physical contact, observed by several witnesses, can have a chilling effect upon the freedom of IBT members to campaign and openly support candidates.  Thus, the Election Officer finds Mr. Stefanski violated Article VIII,

Section 11(f) of the Rules when he grabbed and spoke in a threatening manner to Mr. Passo. 

“Violence . . . has absolutely no place in the conduct of fair, honest and open election, pursuant to the Election Rules.  Smith, supra.

The Election Officer, however, does not find Mr. Stefanski’s verbal confrontation with

Mr. Hogan on December 20, or his confrontation with Mr. Passo and Mr. Petrecca on

December 17 violated the Rules.  While the discussion was heated, the comments do not rise to a violation.  See Dunn.

Therefore, the protest in P-283-LU705-SCE is GRANTED as to Mr. Passo’s physical confrontation with Mr. Stefanski on December 20, and DENIED in all other respects.  The protest in P-282-LU714-SCE is DENIED.

The Election Officer is empowered to remedy violations of the Rules by whatever action is appropriate.  In order to remedy this violation of the Rules, Mr. Stefanski is directed to comply with the following:

Mr. Stefanski will cease and desist from interfering with the rights of IBT members under the Consent Order or the Rules with respect to supporting or engaging in any campaign-related activity on behalf of any candidate for delegate, alternate delegate or International officer of the IBT.

Daniel E. Stefanski, et al.

January 22, 1996

Page 1

Within four (4) days of his receipt of this decision, Mr. Stefanski will sign the enclosed notice and post it on a Local Union bulletin board at the CTA facility as well as on bulletin boards located at the Local Union 726 union hall.

Within ten (10) days of her receipt of this decision, Mr. Stefanski will execute and file with the Election Officer an affidavit stating that he has complied with the Order of the Election Officer and stating in detail the manner of such compliance.

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

Bruce Boyens, Regional Coordinator

Julie E. Hamos, Regional Coordinator

NOTICE TO MEMBERS OF THE IBT 

You have the right to participate in campaign activities on behalf of candidates for delegate and alternate delegate in the 1995-96 IBT Election.

You have the right to participate in campaign activities on behalf of candidates for International office in the IBT.

You have the right to attend and participate in fundraising events sponsored by the campaign of William Hogan, Jr., candidate for International Secretary-Treasurer, free from any interference, restraint or coercion.

I will not interfere with your exercise of any of these rights or any other right of IBT members under the Consent Decree or the Rules for the 1995-96 IBT International Union Delegate and Officer Election.

Daniel Stefanski, Secretary-Treasurer

Local Union 726

This is an official notice and must remain posted for 30 consecutive days from the day of posting, and must not be altered, defaced or covered by any other material.

Prepared and approved by Barbara Zack Quindel, Election Officer, IBT.