February 6, 1996
VIA UPS OVERNIGHT
Wesley J. Jenkins
800 Atteberry Lane
Lancaster, TX 75146
Joe E. Barragan, Secretary-Treasurer
Teamsters Local Union 767
624 Six Flags Drive, Suite 110
Arlington, TX 76011
Re: Election Office Case Nos. P-339-LU767-SOU
P-355-LU767-SOU
Gentlemen:
Wesley J. Jenkins, a member of the “Concerned Teamsters” slate of candidates for delegates from Local Union 767, filed a protest pursuant to Article XIV, Section 2(b) of the Rules for the IBT 1995-1996 International Union Delegate and Officer Election (“Rules”) docketed as P-339-LU767-SOU. The protester alleges that Local Union 767 Secretary-Treasurer Joe E. Barragan, a member of the “Restore the Pride” slate of delegate candidates from Local Union 767, refused to file a grievance on behalf of the protester because of his opposition to the secretary-treasurer in the local union delegate elections.
Mr. Barragan admitted that he had refused to accept a grievance from the protester and argues that he was entitled to do this because the protester had called him a “racist.”
Mr. Barragan has filed a protest docketed as P-355-LU767-SOU, claiming that by calling him a racist and repeatedly asking him to file a grievance, Mr. Jenkins was attempting to harass him. Mr. Barragan states that he considered it an insult to be called a racist. Mr. Jenkins denies calling Mr. Barragan a racist.
Wesley Jenkins & Joe Barragan
February 6, 1996
Page 1
Since the protests arise out of the same occurrence and involve similar facts and legal issues, they have been consolidated by the Election Officer for decision.
These protests were investigated by Regional Coordinator Dolores C. Hall.
Protester Jenkins (P-339-LU767-SOU) is an employee of United Parcel Service. He was in the men’s locker room there at about 5:15 a.m. preparing to leave work when he saw the local union secretary-treasurer, Joe E. Barragan, who was preparing to start work. The protester asked Mr. Barragan to file a grievance for him. Mr. Barragan said, “No.”
Mr. Jenkins asked Mr. Barragan why he wouldn’t file the grievance, and repeated his request. Mr. Barragan said that Mr. Jenkins should “get his buddy, A.G.” to file the grievance since they were both on the same slate. Alton Green is a Local Union 767 trustee who is a candidate for delegate on the same slate as the protester.
By this time, other employees, including Ron Martin and Alton Green, had entered the locker room. Mr. Jenkins asked Mr. Martin to ask Mr. Barragan to file the grievance, since Mr. Martin had a similar grievance. Mr. Martin said nothing. He later told the Regional Coordinator that he said nothing because he could not believe that the local union secretary-treasurer had refused to file a grievance for a member.
According to Mr. Barragan, Mr. Jenkins then asked Mr. Barragan if he was refusing to file a grievance because he was a racist. Mr. Barragan became livid and yelled that he was not a racist. Following this confrontation, Mr. Green, who is a Local Union 767 trustee, said that he would file the grievance. Mr. Jenkins went home and the others left to start work.
Article VIII, Section 11(f) of the Rules provides:
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.
There is no dispute that Local Union 767 Secretary-Treasurer Barragan refused to file a grievance for the protester and instead suggested that the protester get a member of his slate to file the grievance. The Election Officer finds that Mr. Barragan has violated Article VIII, Section 11(f) of the Rules by retaliating against the protester because of his political activities by refusing to file his grievance.
Unlike P-339-LU767-SOU, however, Mr. Barragan’s contentions in P-355-LU767-SOU do not relate to any violation of the Rules. Even if the Election Officer credits
Wesley Jenkins & Joe Barragan
February 6, 1996
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Mr. Barragan’s statements that Mr. Jenkins called him a racist to provoke a confrontation, this would not constitute a violation of the Rules. There is nothing about the confrontation between Mr. Barragan and Mr. Jenkins after Mr. Barragan’s refusal to file the grievance and urging that it be done by a member of Mr. Jenkins’ slate that relates to the Rules. As the Election Appeals Master has stated: “The fact that a union member . . . is a declared candidate for union office or is active in union politics does not ensure that the Election Rules will supply a remedy for every union-related matter in which that party believes he or she has been mistreated.” In Re: Golubovic, 95 - Elec. App. - 49 (KC) (December 28, 1995).
Accordingly, the Election Officer GRANTS the protest in P-339-LU767-SOU and DENIES the protest in P-355-LU767-SOU.
When the Election Officer determines that the Rules have been violated, she “may take whatever remedial action is appropriate.” Article XIV, Section 4. The Rules provide a wide range of examples of possible remedies, without providing any limitation. The broad scope of her supervisory responsibility for the elections, as recognized by the Consent Decree and subsequent decisions of the Court, gives the Election Officer substantial discretion in formula-ting a remedy to fit the particular violation. In fashioning the appropriate remedy, the Election Officer looks to such factors as the nature and seriousness of the violation, the violation’s potential for interfering with the election process, and which remedy will best protect the rights of members to a free and fair election.
The Election Officer views an act of retaliation for exercise of rights guaranteed under the Rules to be an act of serious misconduct. Accordingly, Mr. Barragan is ordered to immediately cease and desist from engaging in retaliatory conduct relating to the delegate or International officer elections. Further, the Election Officer directs that Mr. Barragan post the enclosed notice on all bulletin boards where official notices of the union are regularly posted, including, but not limited to, all work-site bulletin boards, and any bulletin board in the local union hall. These copies must be posted within seven (7) days of the issuance of this decision. Within two (2) days of this posting, Mr. Barragan is ordered to file with the Election Officer an affidavit indicating his compliance with the posting order.
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
Wesley Jenkins & Joe Barragan
February 6, 1996
Page 1
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
Dolores C. Hall, Regional Coordinator
Notice to Members of
Teamsters Local Union 767
from Secretary-Treasurer Joe E. Barragan
You have the right to participate in campaign activities on behalf of any candidate for delegate to the 1996 IBT International Convention.
You have the right to participate in campaign activities on behalf of any candidate for International office in the IBT.
You have the right to file a grievance under your collective bargaining agreement and Local Union 767 will process your grievance without regard to your participation in the delegate election or your support of or opposition to any candidate for delegate or alternate delegate for Local Union 767.
It is a violation of the Election Rules for any Local Union Officer or IBT member to threaten, coerce, intimidate, or harass a member because they exercise rights guaranteed under the Election Rules.
Neither Local Union 767 nor any of its officers or representatives, will not interfere with the exercise of any of these rights as set forth in the Rules for the 1995-1996 IBT International Union Delegate and Officer Election.
Any complaint that the local union has violated the Rules should be immediately reported to Barbara Zack Quindel, Election Officer, IBT, at her Washington, D.C. office. All such reports shall be immediately investigated and in the event of a violation, appropriate remedial action taken.
_______________________________
Joe E. Barragan, Secretary-Treasurer
Local Union 767
This is an Official Notice and must remain posted for thirty (30) consecutive days from the day of the posting, and must not be altered, defaced or covered by any other material.
Prepared and Approved by IBT Election Officer Barbara Zack Quindel.