July 10, 1996
VIA UPS OVERNIGHT
James A. Runyon
July 10, 1996
Page 1
James A. Runyon
415-3 Orchard Trace Lane
Charlotte, NC 28213
T. C. Stone, Secretary-Treasurer
Teamsters Local Union 745
1007 Jonelle Street
Dallas, TX 75217
Richard Brook
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
James A. Runyon
July 10, 1996
Page 1
Re: Election Office Case No. P-815-LU745-SOU
Gentlemen:
James A. Runyon, a member of Local Union 71, 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 745. The protester is an employee of CF Motor Freight (“CF”). The protester alleges that Local Union 745 has failed to make the locked, glass-enclosed union bulletin board in the line drivers’ break room at the CF terminal on Singleton Road in Dallas, Texas available to supporters of candidates for International office on a non-discriminatory basis.
The protester alleges that the local union has restricted posting on this bulletin board to campaign literature promoting the campaign of James P. Hoffa for general president.
Local Union 745 Secretary-Treasurer and Business Manager T. C. Stone initially responded that the local union has not permitted any campaign literature to be posted on union bulletin boards at CF. Subsequently, Mr. Stone admitted that a “Hoffagram” from the Hoffa campaign had been slipped inside of the union bulletin board which is the subject of the protest, but had been removed by a union shop steward. Mr. Stone advises that the local union has a policy prohibiting any posting of campaign literature. He states that only notices that are authorized by the local union may be posted on union bulletin boards.
James A. Runyon
July 10, 1996
Page 1
Regional Coordinator Dolores C. Hall investigated the protest.
There are union bulletin boards at several locations in the main terminal of CF on Singleton Road in Dallas. There are two locked, glass-enclosed bulletin boards in the line drivers’ break room on the ground floor of the Singleton Road terminal. One is a union bulletin board, to which only the shop stewards have keys. The second bulletin board is for the use of the employer. There are also union bulletin boards at the Singleton Road terminal for city, clerical and garage shop employees.
Campaign literature supporting the campaigns of Mr. Hoffa, as well as for Bill Hogan, a candidate for general secretary-treasurer, has been posted on the union bulletin board located in the line drivers’ break room at the Singleton Road CF terminal. Two union stewards have the only keys to this union bulletin board. In mid-June 1996, the protester saw a “Hoffagram” posted on this same bulletin board. The “Hoffagram” was titled “Carey Rejected Again As Hoffa Slate Sweeps Chicago Local 743.” The investigation revealed that contrary to the contention of Mr. Stone, the campaign literature was not slipped inside the case but was stapled to the bulletin board, and remained posted for about five days. Another local union member saw a flyer recently posted on the same union bulletin board announcing a fish-fry held in mid-June for the benefit of Mr. Hoffa and Mr. Hogan. This flyer remained posted for about a week.
Article VIII, Section 11(d) of the Rules states:
No restrictions shall be placed upon candidates’ or members’ preexisting rights to use employer or Union bulletin boards for campaign publicity . . . Such facilities and opportunities shall be made available to all candidates and members on a nondiscriminatory basis.
The Election Officer finds here that Local Union 745 has allowed campaign literature supporting the campaigns of Mr. Hoffa and Mr. Hogan to be posted inside the glass-enclosed union bulletin board in the line drivers’ break room at the main CF terminal on Singleton Road, while maintaining that the local union permits no posting of campaign literature. The Election Officer finds that Local Union 745 has discriminated in favor of the campaigns of Mr. Hoffa and Mr. Hogan, in violation of Article VIII, Section 11(d) of the Rules, by permitting the posting of campaign literature on behalf of these two candidates on this bulletin board.
Accordingly, 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 appro-priate remedy, the Election Officer views the nature and seriousness of the violation as well as its potential for interfering with the election process.
James A. Runyon
July 10, 1996
Page 1
Local Union 745 is ordered to permit campaign literature for any candidate for general president or general secretary-treasurer of the International union to be posted in the glass-enclosed union bulletin board in the line drivers’ break room in the main CF terminal on Singleton Road in Dallas and to cease and desist from discriminating in favor of any candidate for these offices with respect to posting campaign literature on this union bulletin board. Local Union 745 is further directed to post, within five (5) days of the date of this decision, the notice appended hereto, signed by Mr. Stone, on the union bulletin board in line drivers’ break room at the Singleton Road terminal for thirty (30) consecutive days. Within two (2) days of posting the notice, Mr. Stone is directed to submit an affidavit to the Election Officer describing his compliance with the posting order.
An order of the Election Officer, unless otherwise stayed, takes immediate effect against a party found to be in violation of the Rules. In Re: Lopez, 96 - Elec. App. - 73 (KC) (February 13, 1996).
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
Dolores C. Hall, Regional Coordinator
NOTICE TO MEMBERS OF TEAMSTER
LOCAL UNION 745
You have the right to participate in campaign activities on behalf of candidates for International officer in the IBT.
You have the right to post, on this union bulletin board located in the line drivers’ break room, campaign material for any candidate for general president or general secretary-treasurer of the International union.
No Local Union 745 representative or member may interfere with your engaging in the above-described campaign activity. The local union will permit campaign literature to be posted on this union bulletin board without discrimination.
__________________________
T. C. Stone, Local Union 745 Secretary-Treasurer and
Business Manager
This is an official notice which must remain posted for 30 consecutive days and must not be defaced or altered in any manner or be covered with any other material.
Approved by Barbara Zack Quindel, IBT Election Officer.