March 27, 1996
VIA UPS OVERNIGHT
Margaret Peterson
March 27, 1996
Page 1
Margaret Peterson
14327 Jicarilla Road
Apple Valley, CA 92307
Cammack/Molina Delegates for Carey
c/o Randy Cammack, Secretary-Treasurer
Teamsters Local Union 63
379 W. Valley Boulevard
Rialto, CA 92376
Joe Foss
Teamsters Local Union 63
379 W. Valley Boulevard
Rialto, CA 92376
Bob Doss
Teamsters Local Union 63
379 W. Valley Boulevard
Rialto, CA 92376
Margaret Peterson
March 27, 1996
Page 1
Re: Election Office Case No. P-652-LU63-CLA
Gentlepersons:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”) by Margaret Peterson, a member of Local Union 63 and candidate for delegate on the People Not Politics slate.
Ms. Peterson alleges that the Cammack-Molina Delegates for Carey slate (“Cammack-Molina” slate) is responsible for systematically removing her slate’s campaign materials from bulletin boards in violation of the Rules. The Cammack-Molina slate is headed by Local Union 63 Secretary-Treasurer Randy Cammack.
This protest was investigated by Regional Coordinator Dolly M. Gee.
On or about March 14, 1996, Local Union 63 Business Agent Joe Foss instructed Shop Steward Pat Knudsen to remove People Not Politics campaign literature from a glass-enclosed, locked employer bulletin board in a dock area break room at the Consolidated Freightways facility at Mira Loma, California. Mr. Knudsen did so and threw the literature away. The literature had been posted by Shop Steward Alex McDonaugh. According to Ms. Peterson, Mr. Foss told employees present that no campaign literature could be posted on bulletin boards.
Margaret Peterson
March 27, 1996
Page 1
Almost immediately, Mr. McDonaugh learned about the removal and confronted
Mr. Foss and another local union business agent, Bob Doss. After an argument about posting rights under the Rules, Mr. Foss returned to the Local Union 63 office and asked
Mr. Cammack whether the posting was proper. Mr. Cammack states that his instructions are to allow all campaign literature to be posted “right or wrong,” and that he chastised Mr. Foss and told him not to remove literature again.
It is undisputed that Mr. Foss called Mr. McDonaugh about one hour after their argument and apologized. Mr. Knudsen opened the bulletin board for Mr. Foss, and all witnesses agree that the literature was reposted that day and remains there.
The Election Officer finds no evidence on this record that the Cammack-Molina slate has been systematically removing People Not Politics literature from bulletin boards. In view of the prompt reposting of the particular literature at issue in this matter, the Election Officer further finds it unnecessary to determine whether the Rules were violated on these facts. Accordingly, this protest is RESOLVED.
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 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
Dolly M. Gee, Regional Coordinator