August 21, 1996
VIA UPS OVERNIGHT
Michael Tobin
August 21, 1996
Page 1
Michael Tobin
5822 8th Avenue
Sacramento, CA 95820
Ron Carey, General President
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
John Sullivan, Associate General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
Nathaniel Charny
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
Michael Tobin
August 21, 1996
Page 1
Re: Election Office Case No. P-862-LU150-CSF
Gentlemen:
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 Michael Tobin, a member of Local Union 150. Mr. Tobin alleges that supporters of the Ron Carey slate planted an anti-Hoffa sign on his property as an act of harassment, in violation of the Rules.
Regional Coordinator Matthew D. Ross investigated the protest.
The investigation revealed that, in the pre-dawn hours of July 17, 1996, Mr. Tobin’s wife was awoken by sounds of movement in the bushes outside of her bedroom window.
Mr. Tobin was attending the IBT Convention at the time. Ms. Tobin was alone in the house with the couple’s four young children. Ms. Tobin was frightened by the noise.
Later in the morning, after dawn, Ms. Tobin ventured outside and discovered that a placard mounted on a stick had been planted in front of bushes in front of her bedroom window. The placard faced outward from the house and was clearly visible from the street. The placard was originally a pro-Hoffa campaign sign, but it had been defaced in a manner derisive of Mr. Hoffa’s candidacy.
Michael Tobin
August 21, 1996
Page 1
Mr. Tobin is an open supporter of Mr. Hoffa’s candidacy. Posting a campaign sign on Mr. Tobin’s property is a form of politically-motivated harassment, in violation of the Rules. Different sections of the Rules protect the rights of members to distribute and post such materials properly, as the Election Officer explained in Braga, P-795-LU439-CSF
(June 19, 1996). Those sections do not cover pasting campaign stickers to public signs and utility poles. Braga. It has been found to be vandalism and a violation of the Rules to affix adhesive campaign stickers to a member’s car. Chentnik, P-182-LU325-CHI (October 31, 1995). It was harassment and retaliation to paste campaign stickers inside restrooms in a member’s bar. Volpe, P-763-IBT-NYC et seq. (June 18, 1996).
The instant protest presents a more troubling scenario even than the prior cases of vandalism of personal property. While the Tobins’ property was not damaged, the nocturnal trespass placed Ms. Tobin in fear of her safety and that of her children. The intrusion and the public display of the placard are serious Rules violations clearly motivated by an intent to intimidate and harass. Such conduct is anti-democratic, unlawful and runs directly counter to the mission of the Consent Decree, the Rules and the Election Officer.
Unfortunately, the protester is unable to determine the identity of the individual or individuals who intruded on his property. The Election Officer’s investigation also failed to disclose the identity of the culprits.
Accordingly, the Election Officer is unable to attribute the intrusion and vandalism on the Tobins’ property to any specific person or persons. For this reason, the protest is DENIED.
Although the protest is denied, the Election Officer finds that the intrusion and vandalism on the Tobins’ property involved a violation of the Rules. Accordingly, the Election Officer “may take whatever remedial action is appropriate.” Article XIV, Section 4. In fashioning the appropriate remedy, the Election Officer views the nature and seriousness of the violation, as well as its potential for interfering with the election process.
In Gregory, P-800-LU135-SCE (July 18, 1991), the Election Officer ordered a local union to post a notice addressing the politically-motivated smashing of windows in a member’s car, although the perpetrator was unknown. The Election Officer has now confronted the use of campaign stickers to deface property in several parts of the country. While this activity has not risen to the level of affecting the International election, it should be discouraged. Such activity interferes with important rights of members and invites undeserved public criticism of the electoral process. See Willett, P-863-LU331-PNJ (August 16, 1996).
As the Election Officer has noted before, campaign-related activity at Local Union 150 has been heated and sometimes openly hostile. See Smith, P-600-LU150-CSF (April 30, 1996). In order that political partisans in Local Union 150 are aware of the limitations upon their conduct mandated by the Rules, the Election Officer orders the following:
Michael Tobin
August 21, 1996
Page 1
1. Within two (2) working days of the receipt of this protest, Local Union 150 will post the enclosed notice on all bulletin boards in or about the local union hall.
2. This notice will remain posted for thirty (30) days without being removed, covered or defaced.
3. Within two (2) working days of the posting of the enclosed notice, Local Union 150 will submit an affidavit to the Election Officer indicating compliance with this 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, N.W., 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
Matthew D. Ross, Regional Coordinator
NOTICE TO ALL LOCAL UNION 150 MEMBERS
A member of Local Union 150 and his family have been harassed and intimidated because the member has exercised his right to participate in the election of International officers guaranteed in the Election Rules. Harassment and intimidation have no part in the democratic process and are forbidden by the Election Rules.
No one, including local union officers, business agents, delegates, stewards, members or employees, may threaten, coerce, harass or otherwise retaliate or take any other adverse action against you because of your support of a particular candidate, or your lack of support of a candidate.
Any attempt to interfere or retaliate against you because of your political activity in connection with the International officer election should be immediately reported to Barbara Zack Quindel, Election Officer, IBT, at her Washington, D.C. office. All such reports shall be immediately investigated and appropriate and remedial action taken.
Barbara Zack Quindel
Election Officer
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.