April 9, 1996
VIA UPS OVERNIGHT
Michael Corrigan
3440 Elmwood
Berwyn, IL 60402
Arthur Molito
Teamsters Local Union 743
300 S. Ashland Avenue
Chicago, IL 60607
Re: Election Office Case No. P-633-LU743-CHI
Gentlemen:
Michael Corrigan, a member of Local Union 743 and a delegate candidate on the Take Back 743 slate, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) against Local Union 743 Business Agent Arthur Molito. Mr. Molito is a delegate candidate on the opposing Movement Towards Members (“MTM”) slate. The protester alleged that on
March 11, 1996, Mr. Molito campaigned at the protester’s workplace. The protester further alleged that on March 14, 1996, Mr. Molito yelled at the protester in retaliation against him.
Mr. Molito denies that he campaigned as alleged and that he yelled at or took any retaliatory action against the protester. Mr. Molito asserts that on March 11, 1996, he went to the protester’s workplace, United Stationers, to post the notice of election required in the Rules on a number of bulletin boards. Mr. Molito stated that after posting the notices, he encountered workers who asked him questions about the election. He admits that a few workers asked him about his candidacy and the MTM slate. He also states that he made the postings on his own time, on his way home after the conclusion of his work day.
Adjunct Regional Coordinator Dennis M. Sarsany investigated the protest.
Michael Corrigan
April 9, 1996
Page 1
The protester contends that during a visit to United Stationers, Mr. Molito distributed campaign literature and buttons and “went to each member and begged them to vote for his slate so he would not be fired.” When interviewed by the Adjunct Regional Coordinator, the protester had no direct knowledge of the alleged campaigning. He named one witness whom he stated had brought the alleged campaigning to his attention. However, he could not produce the witness or provide Adjunct Regional Coordinator Sarsany with his home telephone number. The Adjunct Regional Coordinator tried calling the witness at the telephone number listed in the records of the union and was told that the witness no longer lived there, but could be reached by message. Mr. Sarsany left messages, but the witness never returned his calls.
The protester also makes allegations concerning events that occurred on March 14 and after at a Labor Relations Committee meeting which included the protester and Mr. Molito. The protest itself refers to a meeting during which Mr. Molito told “my personnel manager that he had the right to do incidental campaigning. After the meeting Mr. Molito began to yell at me in an intimidating fashion.” However, during the investigation, the protester stated that Mr. Molito did not yell at him, but instead was “huffy” and asked him, “What the hell are you trying to do?” The protester states that he was not intimidated by Mr. Molito.
The protester bears the initial burden of proof to offer evidence substantiating his allegations. See Article XIV, Section 1; In Re: Chentnik, 95 - Elec. App. - 52 (January 10, 1996). Here, the protester has not only failed to offer evidence substantiating the allegations in his protest, but in the investigation changed the claim that appeared in his written protest.
Therefore, 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
Michael Corrigan
April 9, 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
Dennis M. Sarsany, Adjunct Regional Coordinator