February 16, 1996
VIA UPS OVERNIGHT
Michael R. Mogavoro
February 16, 1996
Page 1
Michael R. Mogavoro
3669 Cumberland Lane
Hamburg, NY 14075
Michael Arnone
64 Wilmington Avenue
Tonawanda, NY 14150
Teamsters Local Union 375
665 Englewood Avenue
Buffalo, NY 14223
Fax: (716) 836-4985
Michael R. Mogavoro
February 16, 1996
Page 1
Re: Election Office Case No. P-411-LU375-PGH
Gentlemen:
Michael R. Mogavoro, a candidate for delegate from Local Union 375, 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”). Mr. Mogavoro alleges that beginning January 26, 1996, and every day for that week, Michael Arnone, Local Union 375 trustee and shop steward, removed campaign literature from a union bulletin board at ANR Freight Systems, Inc. (“ANR”).
Mr. Arnone admits that he removed a cartoon from the bulletin board on one day, but claims that he did not know it was campaign literature. He denies removing campaign literature on any other day.
Regional Coordinator William B. Kane investigated the protest.
The Local Union 375 Election Plan identifies the local union’s bulletin boards, including one at ANR, and states that Michael Arnone is the steward responsible for posting and maintenance of the bulletin board there.
Michael R. Mogavoro
February 16, 1996
Page 1
Two slates are running in the Local Union 375 delegate election. One, the Watchdog slate, includes the protester. The other is the Local 375 slate, one of whose members was nominated by Mr. Arnone.
Mr. Arnone admits that on January 27, 1996, he removed a cartoon of “an animated dog biting someone.” He claims that later, he realized that the cartoon was campaign literature for the Watchdog slate. Mr. Mogavoro posted campaign literature for the Watchdog slate on the ANR bulletin board on January 27, 1996. Each day for a week he returned to check the board but found the literature missing. Each day, he posted the literature again. An ANR manager acknowledges that all candidates have the same right to post literature on the bulletin board maintained by the union at ANR.
Article VIII, Section 11(d) of the Rules provides:
No restrictions shall be placed upon candidates’ or members’ preexisting rights to use employer or Union bulletin boards for campaign publicity. Similarly, no restrictions shall be placed upon candidates’ or members’ preexisting rights to solicit support, distribute leaflets or literature, conduct campaign rallies, hold fund-raising events or engage in similar activities on employer or Union premises. Such facilities and opportunities shall be made available to all candidates and members on a nondiscriminatory basis.
There is no question that candidates have a right to use the bulletin board at ANR for campaign publicity. The Election Officer has reviewed the flyer removed from the bulletin board by Mr. Arnone which he claims he thought was not campaign literature. It is headed in large bold letters, “The Watchdog Slate,” explains that the slate is a slate of delegates to the IBT Convention, and seeks support from the slate members, whose names are listed in large bold letters. It is not credible that Mr. Arnone would not understand the flyer to be campaign literature. Accordingly, Mr. Arnone is found to have violated the right to use the union bulletin board at ANR as guaranteed by Article VIII, Section 11(d).
Therefore, the 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.
To remedy the interference with the employees’ right to post campaign literature, the Election Officer orders Mr. Arnone, within a day of the date of this decision, to sign and post the enclosed notice on the ANR bulletin board. Two days after posting the notice,
Mr. Arnone shall send an affidavit to the Election Officer detailing his compliance with this order along with a copy of the signed notice.
Michael R. Mogavoro
February 16, 1996
Page 1
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
William B. Kane, Regional Coordinator
NOTICE TO TEAMSTER LOCAL UNION 375 MEMBERS
FROM SHOP STEWARD MICHAEL ARNONE
The Election Officer has determined that I have violated the Rules for the 1995-1996 IBT International Union Delegate and Officer Election by removing campaign literature from this union bulletin board.
In the future I will not interfere with the right of Local Union 375 members to campaign on behalf of candidates for delegate or alternate delegate to the 1996 IBT International Convention as well as candidates for International office.
No one, no union representative or member or company official, can remove campaign literature from this bulletin board or intimidate, harass, threaten or prohibit you from posting campaign material on this bulletin board.
__________________________
Michael Arnone
Trustee and Shop Steward
Local Union 375
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.