March 4, 1996
VIA UPS OVERNIGHT
James Hoffa
March 4, 1996
Page 1
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Rondal C. Owens, President
Teamsters Local Union 299
2741 Trumbull Avenue
Detroit, MI 48216
Ed Vecchio, Secretary-Treasurer
Teamsters Local Union 299
2741 Trumbull Avenue
Detroit, MI 48216
Executive Board
Teamsters Local Union 299
2741 Trumbull Avenue
Detroit, MI 48216
James Hoffa
March 4, 1996
Page 1
Re: Election Office Case No. P-402-LU299-SCE
Gentlemen:
James P. Hoffa, candidate for IBT General President, filed a protest pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”). The protester alleges that Local Union 299 retaliated against five members who are allegedly supporters of Mr. Hoffa by failing to pay the supporters’ dues as required pursuant to a settlement agreement between the local union and the National Labor Relations Board (“NLRB”). Mr. Hoffa alleges that the five members support the delegate candidacy of Joyce Hindman, who is their shop steward, and supports Mr. Hoffa
Local Union 299 responds that it did not pay the dues of the five members because it misunderstood the settlement agreement as eliminating the requirement that dues be paid at all by these members. The local union has agreed to pay all dues owed by these members while they are working in the jurisdiction of the local union.
Regional Coordinator Bruce Boyens investigated the protest.
An NLRB settlement agreement dated December 16, 1992 in Local 299, International Brotherhood of Teamsters, AfL-CIO (Michigan Minority Unloaders Inc.), Case Nos.
James Hoffa
March 4, 1996
Page 1
7-CB-9191, et seq., required the local union to pay any dues owed through 1997 by 10 members named in the settlement. Five of these members no longer work in the jurisdiction of Local Union 299. Each of the five other members had requested a withdrawal card on the following dates: Randall Barker (September 1992), Mike Krol (September 1992), Willie Marks (December 1991), Mike McGuffie (October 1991), and Alonzo Huby (May 1992).
In January 1996, the local union learned that the five members on withdrawal were working for Midwest Rail, Inc., an employer in the jurisdiction of the local union. One reason that the local union did not know of these members’ employment was because their shop steward, Ms. Hindman, had failed to have them fill out dues check-off cards or otherwise inform the local union of their employment. After verifying their employment, Local Union 299 Secretary-Treasurer Ed Vecchio placed the members on the active membership list, paid their January 1996 dues, and agreed that they will be eligible to vote in the delegate election.
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.
However, an alleged violation of this section is sustainable only if there is some evidence that connects the protested conduct with a guaranteed right under the Rules. Hasegawa, Case No. P-318-LU174-PNW, et seq. (February 5, 1996); Parisi, Case No. P-1095-LU294-PGH (December 2, 1991). Here, there is no nexus between the members’ right to support a candidate and the failure of the local union to pay their dues. The mere fact that the members have a steward who is a delegate candidate, as the protester’s position suggests, does not establish the requisite nexus. Moreover, if otherwise eligible, the members will be permitted to vote in the election.
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 & Watkins
885 Third Avenue, Suite 1000
New York, NY 10022
Fax (212) 751-4864
James Hoffa
March 4, 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 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
Bruce Boyens, Regional Coordinator
William A. Wertheimer, Jr., Regional Coordinator