February 29, 1996
VIA UPS OVERNIGHT
Dane Passo
February 29, 1996
Page 1
Dane Passo
6811 W. Roosevelt Road
Berwyn, IL 60402
Archie Cook
4508 Balmoral Drive
Richton Park, IL 60471
Gerald Zero, Secretary-Treasurer
Teamsters Local Union 705
1645 W. Jackson Boulevard
Chicago, IL 60612
John McCormick, President
Teamsters Local Union 705
1645 W. Jackson Boulevard
Chicago, IL 60612
Benny Jackson, Recording Secretary
Teamsters Local Union 705
1645 W. Jackson Boulevard
Chicago, IL 60612
Otis Cross
Teamsters Local Union 705
1645 W. Jackson Boulevard
Chicago, IL 60612
Don Barnett
Teamsters Local Union 705
1645 W. Jackson Boulevard
Chicago, IL 60612
Jim Lyons
Teamsters Local Union 705
1645 W. Jackson Boulevard
Chicago, IL 60612
Joe Taylor
5348 North Cumberland
Chicago, IL 60656
Nick Petracca
5743 Kolmar
Chicago, IL 60629
Larry Damato
10114 South Washtenaw
Chicago, IL 60642
John Clancy
5028 Lamb Drive
Oak Lawn, IL 60453
John Reid
7252 S. Troy Street
Chicago, IL 60629
Dane Passo
February 29, 1996
Page 1
Mike Deane
14559 W. Abbot Road
Lockpot, IL 60441
Anthony Fiori
5917 South Nashville
Chicago, IL 60638
Tony Mango
1147 S. Taylor Street
Chicago, IL 60607
Steve Siemzuch
5857 W. 79th Street
Burbank, IL 60459
George Geller
30833 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
Dane Passo
February 29, 1996
Page 1
Re: Election Office Case Nos. P-469-LU705-CHI
P-470-LU705-CHI
P-483-LU705-CHI
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 members of two factions that engaged in a physical confrontation in the union hall of Local Union 705 on February 14, 1996.
Dane Passo (P-469-LU705-CHI), a member of Local 705, protests that he and other members of Local 705 and another local union were intimidated, physically assaulted, and forcibly ejected from the building by Local Union 705 Secretary-Treasurer Gerald Zero and others when Mr. Passo and his group “attempted peaceably to distribute Hoffa campaign handbills to shop stewards arriving for a stewards’ meeting at Local 705's headquarters . . .”
Archie Cook (P-470-LU705-CHI), a member of Local Union 705, also protests the intimidation, assault, and forcible ejection allegedly suffered by Mr. Passo and others at the Local Union 705 hall on February 14, 1996.
Gerald Zero (P-483-LU705-CHI) protests that Mr. Passo and the IBT members in his group had no right to distribute campaign literature in the Local Union 705 hall, refused to leave when asked, and provoked the violent confrontation which ended in their forcible ejection.
These protests were investigated by Regional Coordinator Bruce Boyens. Face-to-face interviews were conducted with 13 members of Mr. Passo’s group, 10 members of Mr. Zero’s group, and with Regional Coordinator Julie Hamos.
Dane Passo
February 29, 1996
Page 1
Upon consideration of all the evidence presented, the Election Officer finds the following. Mr. Passo telephoned Regional Coordinator Julie Hamos about one hour before he and his group went to the Local Union 705 hall and asked whether he and his group had a right under the Rules to campaign inside the hall. Mr. Passo states that Ms. Hamos told him that such activity would be protected. Ms. Hamos, however, states that she only read the applicable section to Mr. Passo, refused to interpret the Rules for him, and told him to take the Rules with him.
Mr. Passo and approximately nine others in his group went to the Local Union 705 hall for the purpose of campaigning. When they arrived, they found the front doors locked and stationed themselves at the back door. Within a few minutes, they learned that the front doors were open, and most of Mr. Passo’s group moved around the outside of the building to the front. It appears that one member of Mr. Passo’s group, Steve Siemzuch, passed through the building to the front. This entailed ascending the back stairs, passing through the meeting hall, and descending the front stairs. Mr. Siemzuch did not talk to or physically contact anyone at that time.
At the front of the building, Mr. Passo and his group moved to positions inside the front foyer and on the front flight of stairs leading up to the meeting hall. The staircase is approxi-mately 15 feet wide, and divided into left and right sides by a railing. Nine stairs lead to a landing, at which point the staircase turns to the left. Ten stairs complete the ascent to the second floor, where the meeting hall is located. Mr. Passo states that he moved up seven or eight stairs, which would bring him almost to the landing. It appears from all of the evidence that Mr. Passo stationed himself on the second or third stair, at least six stairs from the landing.
Shortly thereafter, Donald Barnett, a Local Union 705 representative, came down the stairs and told Mr. Passo and his group that they could not campaign inside the building and would have to leave. Mr. Passo and his group refused to exit the building, citing the alleged advice of Ms. Hamos. Mr. Barnett then said that Mr. Passo and his group would have to leave before the meeting started. Local Union 705 stewards’ meetings are closed to other members of the local union.
The Election Officer finds that Mr. Passo and his group stated that they would leave when the stewards’ meeting started. The Election Officer also finds that Mr. Passo and his group did not block access to the building, impede movement on the stairs, or conduct themselves in a disruptive way--except for their physical intrusion into the premises.
Shortly after Mr. Barnett returned up the stairs, Mr. Zero and about 30 of his group of supporters came down the stairs and asked Mr. Passo and his group to leave again. Again,
Mr. Passo and his group refused. After a verbal exchange on whether Mr. Passo and his group had a right under the Rules to be there, it is not disputed that Mr. Zero and his group then initiated physical force in a successful effort to eject Mr. Passo and his group. As Mr. Zero’s protest states, “Accordingly, representatives of Local 705 in attendance at the meeting sought to escort the refusing members out of the facility . . .”
Dane Passo
February 29, 1996
Page 1
Versions of the degree of force used by Mr. Zero and his group and the degree of resistance offered by Mr. Passo and his group vary widely. Mr. Passo states that he and his group at no time offered any resistance, and that he and several others were nevertheless thrown down the stairs, punched, kicked, and otherwise injured. Mr. Passo and one or two others were transported by ambulance to the hospital. Mr. Zero states in his protest that the efforts of his group to eject Mr. Passo and his group were met with “taunting and obstinate refusal to leave” and that Mr. Passo and another member fell to the floor intentionally in order to feign injuries.
The Election Officer finds that Mr. Passo and his group generally went limp and passively resisted ejection from the building. The Election Officer finds that Mike Deane of
Mr. Passo’s group and Don Barnett of Mr. Zero’s group exchanged punches; Steve Siemzuch of Mr. Passo’s group and Bennie Jackson of Mr. Zero’s group engaged in the use of hands and forearms; Jim Lyons of Mr. Zero’s group was punched by John Clancy of Mr. Passo’s group; and Nick Petracca of Mr. Passo’s group threw a punch without hitting anyone. In addition, Mr. Zero was punched by someone from Mr. Passo’s group. It is undisputed that Mr. Zero and his members of his group physically moved Mr. Passo and his group from the building. Mr. Zero stated in his interview that he “bear hugged” Mr. Petracca and “dragged” Mr. Passo out of the building.
There are two aspects of these protests that require immediate and definitive attention by the Election Officer.
First, the Election Officer abhors and will not condone violence in connection with the election process. The incident at the Local 705 hall on February 14, 1996 was not the “robust free speech” that the Rules encourage and protect. See Worley, P-294-LU986-CLA (February 7, 1996). As the Election Officer has stated:
Violence . . . has absolutely no place in the conduct of fair, honest and open elections pursuant to the Election Rules . . . [V]iolent conduct can reasonably be expected to influence the election process by discouraging campaign activity by union members. Such conduct is ‘chilling,’ violative of the Rules and cannot be tolerated.
In Re: Smith, 91 - Elec. App. - 51 (SA) (January 29, 1991).
Second, the Election Officer credits Ms. Hamos, a competent and experienced Regional Coordinator, with respect to what she told Mr. Passo before he and his group went to the Local Union 705 hall. The Election Officer does not find that Ms. Hamos gave any type of prior approval for campaigning inside the union hall.
Yet, Mr. Passo attempted to use his telephone conversation with Ms. Hamos to create a false color of authority for campaigning inside the Local 705 Union hall. That factor substan-tially added to the provocative nature of the situation and contributed to the violence that ensued.
Turning to the alleged campaigning rights at issue, the Rules provide that campaigning outside a union hall cannot be restrained by the union: “All Union members retain the right . . . to distribute campaign literature and to otherwise solicit support for a member’s candidacy
Dane Passo
February 29, 1996
Page 1
outside a meeting hall before, during and after a Union meeting, regardless of Union policy, rule or practice.” Article VIII, Section 11(a).
Whether a right exists to campaign inside a union hall, however, depends on past practice.
[N]o 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 . . . Union premises. Such facilities and opportunities shall be made available to all candidates and members on a nondiscriminatory basis.
Article VIII, Section 11(d) (emphasis added).
Therefore, the relevant inquiry is whether Local Union 705 had a policy or practice of allowing or prohibiting campaigning within the union hall. See Wright, Case No. P-379-LU100-SCE (February 5, 1991); Teller, Case No. P-118-LU174-PNW (January 9, 1991); Walker, Case No. P-162-LU722-SCE (January 9, 1991); Teller, Case No. P-096-LU741-PNW (January 2, 1991).
Upon consideration of all the evidence presented, the Election Officer finds that Local Union 705 had an unwritten, but widely known, policy prohibiting any campaigning inside the union hall. The Election Officer further finds that this policy was known to some or all of
Mr. Passo’s group who entered the union hall with campaign material. Thus, when they entered the hall to campaign, they were not exercising a right protected under the Rules.
The fact that Mr. Passo and his group were not exercising a protected right, however, did not open the door for the physical response of Mr. Zero and his group. The remedy for improper campaign activity is to file a protest and request appropriate sanctions, including potential corrective action, from the Election Officer. Mr. Zero also had the option of calling the police to request them to remove Mr. Passo and his group--and have that action tested by protest.
Mr. Zero filed a protest only after he resorted to physical self-help. For Mr. Zero and his group to take matters into their own hands, and to use physical force in so doing, flies in the face of the Consent Decree and the Rules. Using violence in disrespect for the court-ordered protest process is subject to sanction, as set forth below.
Finally, each faction seeks to gain mileage from the alleged level of confrontation and violence that it suffered at the hands of the other faction. The Election Officer finds that it best serves the purpose of the Rules to condemn the actions of both sides. Mr. Passo and his group knew that they had no protected right to campaign inside the Local Union 705 hall. Thus, their physical entry, even though not overtly disruptive, nonetheless made a confrontation likely.
Mr. Zero and his group rose to the bait. Thus, both groups contemplated physical confrontation and engaged in it.
Dane Passo
February 29, 1996
Page 1
The Election Officer grants Mr. Zero’s protest below for the sole reason that Mr. Passo and his group were not exercising a protected right when they campaigned inside the Local Union 705 hall. This grant should in no way be construed as condoning the violence used by
Mr. Zero and his group, which is properly subject to sanction. Mr. Passo and Mr. Cook’s protests are granted for the sole reason that Mr. Zero and his group resorted to physical force to enforce their position. The granting of their protests should in no way be construed as granting a right to campaign inside Local Union 705’s union hall.
Accordingly, the protests in P-469-LU705-CHI and P-470-705-CHI are GRANTED IN PART on the issue that violence used violated the Rules, and DENIED in all other respects. The protest in P‑483-705-CHI is GRANTED in part on the issue that campaigning is not permitted inside the union hall and is DENIED in all other respects.
Under the circumstances presented in these protests, Article XIV, Section 4 empowers the Election Officer to grant relief against both Mr. Passo and Mr. Zero: “If as a result of any protest filed . . . the Election Officer determines . . . that any . . . conduct has occurred which may prevent or has prevented a fair, honest, open and informed election, the Election Officer may take whatever remedial action is appropriate.” It is clear that actions such as Mr. Passo’s intentional provocation of Mr. Zero and Mr. Zero’s willing and physical response have the troubling potential for creating an atmosphere at Local Union 705 in which free and open campaigning is chilled, protected activity is restrained, the Rules are ignored, and the election process is threatened.
The Election Officer orders the following actions be taken so that the members of Local Union 705 fully understand their rights under the Rules:
Mr. Zero and Local Union 705 are ordered to take the following actions:
(1) Mr. Zero and those members of his group who participated in the physical confrontation on February 14, 1996 are ordered to cease and desist from engaging in physical self-help even if a member or members are taking action(s) in violation of the Rules.
(2) Within two (2) days of the date of this decision, Mr. Zero is ordered to sign and post copies of the attached notice, and to post the notice which the Election Officer is requiring
Mr. Passo to sign, on all union bulletin boards at all work sites where Local Union 705 members are employed and on all bulletin boards at the Local Union 705 office. The notice shall remain posted through March 23, 1996, the date ballots in the local union delegate election will be counted. These notices shall be posted side-by-side on all bulletin boards.
(3) Within two (2) days of posting the notice as set forth above, Mr. Zero shall file an affidavit with the Election Officer detailing his compliance with this order.
Mr. Passo and the members who were with him on February 14, are ordered to take the following actions:
Dane Passo
February 29, 1996
Page 1
(1) Cease and desist from campaigning inside the Local Union 705 hall.
(2) As to any other IBT local union, Mr. Passo is ordered not to campaign inside the hall. If Mr. Passo believes there has been a past practice of campaigning inside a union hall, he should contact Protest Chief Benetta Mansfield at the Election Office and present to her the evidence showing this past practice. The Election Officer will then notify Mr. Passo if campaigning inside the union hall will be permitted.
(3) Within two (2) days of the date of this decision, Mr. Passo is ordered to sign the attached notice and deliver it to Local Union 705 where it will be posted on all union bulletin boards at all work sites where Local Union 705 members are employed and on all bulletin boards at the Local Union 705 office through March 23, 1996, the date ballots in the local union delegate election will be counted.
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
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
Julie Hamos, Regional Coordinator
Bruce Boyens, Regional Coordinator
NOTICE TO TEAMSTERS LOCAL UNION 705 MEMBERS
FROM SECRETARY-TREASURER GERALD ZERO
The Election Officer found that I violated the Election Rules when other members of Local Union 705 and I resorted to physical force to remove IBT members from inside the union hall. The Election Officer will not permit or condone physical self-help as a response to any activity connected with the election process, regardless of whether the activity is protected under the Rules.
Disputes over campaign activity should be raised with the Election Officer according to the court-ordered protest procedure under the Rules.
Any protest you have regarding your rights to engage in campaign activities and any complaints you may have regarding threats, intimidation, harassment or physical coercion because of your campaign activities should be filed with Barbara Zack Quindel, Election Officer, 400 North Capitol Street, N.W.,
Suite 855, Washington, D.C. 20001, telephone (800) 565-VOTE, telecopier
(202) 624-3525.
_______________________________
GERALD ZERO
Secretary-Treasurer, Local Union 705
This is an official notice and must remain posted through March 23, 1996
and must not be altered, defaced, or covered with any other material.
Prepared and approved by Barbara Zack Quindel, IBT Election Officer.
NOTICE TO TEAMSTERS LOCAL UNION 705 MEMBERS
FROM IBT MEMBER DANE PASSO
The Election Officer found that I violated the Election Rules when other members and I campaigned inside the Local Union 705 hall on February 14, 1996.
Article VIII, Section 11(a) of the Rules protects the right of members to campaign outside of the Local Union 705 hall: “All Union members retain the right . . . to distribute campaign literature and to otherwise solicit support for a member’s candidacy outside a meeting hall before, during and after a Union meeting, regardless of Union policy, rule or practice.”
The Rules only protect campaign activity inside a union hall if the local union has an established policy or practice permitting such activity. Local
Union 705 has an established policy not permitting any campaigning inside the union hall.
I have been ordered to cease and desist from campaigning inside the Local Union 705 hall and any other IBT local union unless the Election Officer finds that campaigning inside the hall has been allowed in the past.
_________________________
DANE PASSO
Member, Local Union 705
This is an official notice and must remain posted through March 23, 1996
and must not be altered, defaced, or covered with any other material.
Prepared and approved by Barbara Zack Quindel, IBT Election Officer.