March 15, 1996
VIA UPS OVERNIGHT
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
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
Re: Election Office Case Nos. P-469-LU705-CHI
P-470-LU705-CHI
P-483-LU705-CHI
DECISION ON REMAND
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. On February 28, 1996, the Election Officer issued a decision in these protests. On March 8, 1996, an appeal was heard before Election Appeals Master Kenneth Conboy.
In a decision on March 13, 1996 in In Re: Passo, 96 - Elec. App. - 124 (KC), the Election Appeals Master agreed with the Election Officer that neither of the factions involved in these protests was above reproach, but remanded the matter to the Election Officer, stating:
[T]he Election Officer’s factual findings indicate that Mr. Zero and his supporters were the first to resort to violence, while Mr. Passo and his band, were, at most guilty of antagonizing the Zero group. Clearly, violence is the basest form of intimidation and is anathema to a fair and open electoral process. In light of the gravity of Mr. Zero’s misconduct and his apparent disregard for the values embodied in the Rules, I find the Election Officer’s remedy as it relates to Mr. Zero is inadequate.
Accordingly, this matter is remaded . . . to craft a sanction that more forcefully conveys to both Mr. Zero and the membership that any use of violence during the election process is unacceptable. In so doing, the Election Officer should consider the full range of penalties . . .
On remand, the Election Officer has considered the full range of penalties in order to send a strong message to Mr. Zero which can be conveyed to the local union membership about the use of violence. In light of the fact that the ballots will be counted in the delegate election on March 23, 1996, the Election Officer has determined that the following immediate remedial actions by Mr. Zero, in addition to the remedies set forth in her original decision, are appropriate:
Within two (2) days of this decision, Mr. Zero is directed to sign and mail the attached notice to all local union members. This notice makes clear that Mr. Zero resorted to the use of physical force and that such violent conduct will not be condoned or tolerated.
In addition, Mr. Zero is ordered to reimburse for any out of pocket medical expenses incurred by Mr. Passo and others in his group at the Local Union 705 hall on February 14, 1996 due to the injuries they suffered. Mr. Passo and the others in this group should submit any bills they have received to Mr. Zero within four (4) days of receiving this decision. Copies of thes bills should also be submitted to the Election Officer and should contain the Protest numbers of this case. Mr. Zero shall remit the balance due to Mr. Passo and the others in this group within four (4) days of receiving the bills.
Within five (5) days of this decision, Mr. Zero shall submit an affidavit to the Election Officer detailing his compliance with this order.
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 the use of physical force to remove IBT members from inside the union hall.
I will not resort to the use of physical force or violence or threaten such force or violence against any IBT member for engaging in campaign activities related to the delegate election to the 1996 IBT International convention or the election of International officers.
I will not condone the use of physical force or violence as a response to any activity connected with the election process.
I will reimburse for any out of pocket medical expenses incurred by Mr. Passo and others in his group at the Local Union 705 hall on February 14, 1996 due to the injuries they suffered.
_______________________________
GERALD ZERO
Secretary-Treasurer, Local Union 705
Prepared and approved by Barbara Zack Quindel, IBT Election Officer.