March 4, 1996
VIA UPS OVERNIGHT
Anthony Fiori
March 4, 1996
Page 1
Anthony Fiori
5917 S. Nashville
Chicago, IL 60638
Daniel Stefanski, Secretary-Treasurer
Teamsters Local Union 726
300 S. Ashland, Room 301
Chicago, IL 60607
William T. Hogan, Jr., President
Teamsters Joint Council 25
1645 W. Jackson Boulevard, 6th Floor
Chicago, IL 60612
John McCormick, President
Teamsters Local Union 705
1645 W. Jackson Boulevard, 6th Floor
Chicago, IL 60612
Gerald Zero, Secretary-Treasurer
Teamsters Local Union 705
1645 W. Jackson Boulevard, 6th Floor
Chicago, IL 60612
Anthony Fiori
March 4, 1996
Page 1
Re: Election Office Case No. P-343-LU726-CHI
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”) by Anthony Fiori, a member of Local Union 726. Mr. Fiori contends that during the local union membership meeting on January 19, 1996, Local Union 726 Secretary-Treasurer Daniel Stefanski campaigned against William T. Hogan, a candidate for general secretary-treasurer and for himself, in violation of Article VIII, Section 11 of the Rules.
Mr. Stefanski admits he commented on the literature about Mr. Hogan which was distributed to members outside the meeting, but contends that Mr. Fiori was thereafter confrontational, brought up the fact that he is a Hoffa/Hogan supporter and asked that
Mr. Hogan be able to attend a membership meeting, which the membership voted down by a voice vote.
Anthony Fiori
March 4, 1996
Page 1
The protest was investigated by Regional Coordinator Julie E. Hamos.
Local Union 726 held a membership meeting on January 19, 1996 at which 270 members were in attendance. Prior to the meeting, outside the union hall, campaign materials were being distributed on behalf of the Hoffa/Hogan slate. During the meeting, Mr. Stefanski was delivering the secretary-treasurer’s report. Close to the start of this report, Mr. Stefanski used the podium to complain about the Hoffa/Hogan literature being distributed outside the union hall. Then he said, “If you f--- with my family, you f--- with me” and blamed supporters of the Hoffa/Hogan slate for calling his home in the middle of the night and threatening his family. To these remarks, Mr. Fiori immediately jumped up and began angrily defending the Hoffa/Hogan slate. A disruptive and raucous meeting ensued as Mr. Stefanski attempted to return to the agenda, while Mr. Fiori repeatedly interrupted and responded to the comments of Mr. Stefanski. Many of the members in attendance at the meeting vocally took sides with Mr. Stefanski or Mr. Fiori.
During the rather heated meeting, Mr. Stefanski defended his record and that of the current local union executive board, and criticized the former local union officers known to be supportive of the Hoffa/Hogan slate. From the floor, Mr. Fiori stated he would run the local union differently when he was elected, spoke repeatedly in support of the Hoffa/Hogan slate and asked that the members vote on having Mr. Hogan speak at a union meeting.
Mr. Stefanski permitted the members to vote on Mr. Fiori’s proposal, after which he ruled that the voice vote was not in favor of Mr. Hogan addressing the membership.
In the delegate election in Local Union 726, there are two opposing slates and one independent delegate candidate. The Fair and Equity Slate includes Mr. Stefanski as a delegate candidate, the Hoffa-Hogan ‘96 Slate includes Mr. Fiori as a candidate. Godfried Ravelingeen is running as an independent candidate for delegate.
The Rules are designed to prevent just what occurred at the Local Union 726 membership meeting. The Rules, at Article VIII, Section 5(a), in relevant part, read as follows:
(3) The Local Union need not allot time for campaigning during any of its meetings. However, if campaigning during such meetings is permitted, the Local Union shall notify all candidates for the positions for which such campaigning will be permitted of the opportunity to speak at least five (5) days prior to the meeting and shall divide the time equally between those candidates (or the candidates’ credentialed representatives) who request an opportunity to speak. The order of appearance shall be determined by lot.
Anthony Fiori
March 4, 1996
Page 1
(4) A Local Union shall not discriminate or permit discrimination in favor or against any candidate in conjunction with its meeting or otherwise. This requirement shall apply not only to formal presentations by or on behalf of candidates but also informal campaign activities, such as, for example, comments on candidates during meetings . . .
The Rules thus set forth campaigning procedures for local union meetings which are non-discriminatory and pre-planned. While there is no question that campaigning is permitted at local union meetings, such an opportunity to campaign must be made equally available to all candidates, with advance notice. See Kapitula, P-1104-LU401-PHL (November 22, 1991).
Although the evidence demonstrates that Mr. Stefanski’s initial campaign statements, which were critical of the Hoffa/Hogan slate, lasted a very short time, the effect of these campaign statements and the subsequent statements by Mr. Fiori turned the union meeting into an uncontrolled shouting match. “Campaigning” in the form which occurred in this case does not further the fair, open and informed election process envisioned by the Rules. Insofar as Mr. Stefanski’s initial campaign statements sparked the subsequent fracas, this protest is GRANTED.
When the Election Officer determines that the Rules have been violated, she “may take whatever remedial action is appropriate.” Article XIV, Section 4. In fashioning the appropriate remedy, the Election Officer views the nature and seriousness of the violation, as well as its potential for interfering with the election process. Here, the Election Officer believes the appropriate remedy is to permit the candidates to have an equal opportunity to address the members in the manner contemplated by Article VIII, Section 5(a)(3) of the Rules.
The Election Officer therefore orders Local Union 726 to hold a candidates’ forum at the next regular local union membership meeting which will be held on March 15, 1996 at 8:00 p.m. at 300 S. Ashland, lower level, Chicago, Illinois. Each slate and the independent delegate candidate shall be permitted to speak for 10 minutes and there shall be a lot-drawing at the beginning of the meeting between the two slates and the independent candidate to determine the order of the speakers. Regional Coordinator Julie Hamos shall attend the forum and conduct the lot-drawing.
A notice to the members concerning the meeting has been prepared by the Office of the Election Officer and is attached to this decision. This notice must be posted on all local union bulletin boards by Friday, March 8, 1996. In addition, within two (2) days of this decision, the notice shall be sent by first-class-postage-prepaid U.S. mail to the appropriate representative of the Fair and Equity Slate, the Hoffa-Hogan ‘96 Slate and the independent candidate. Secretary-Treasurer Stefanski shall submit an affidavit to the Election Officer within five (5) days of the date of this decision detailing his compliance with this 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:
Anthony Fiori
March 4, 1996
Page 1
Kenneth Conboy, Esq.
Latham & 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 N. Capitol Street, Suite 855, Washington, DC 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
Julie E. Hamos, Regional Coordinator
A T T E N T I O N
SPECIAL MEETING
FOR ALL LOCAL UNION 726 MEMBERS
CANDIDATES’ FORUM
On Friday, March 15, 1996, at 8:00 p.m. there will be a Candidate Forum for the Delegate and Alternate Delegate Election. The Forum will take place at the 300 South Ashland, lower level, in Chicago.
Each slate and the independent delegate candidate have been invited to speak and all members are encouraged to attend.
This is an official notice which must remain posted through March 15, 1996 and must not be defaced or altered in any manner or be covered with any other material.
Approved by Barbara Zack Quindel, IBT Election Officer.