August 16, 1996
VIA UPS OVERNIGHT
Thomas J. Willett
August 16, 1996
Page 1
Thomas J. Willett
5 E. Washington Avenue
P.O. Box 73
Pleasantville, NJ 08232
Steve Colbert
48 Rowand Avenue
Runnemede, NJ 08078
Ron Carey Slate
c/o Nathaniel Charny
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
Jim Hoffa No Dues Increase Slate
Tom Pazzi
1959 E. Jefferson, Suite 4H
Detroit, MI 48207
C. Thomas Keegel
2433 Wight Bay
Brooklyn Park, MN 55443
Stand Up for Teamsters Slate
Leroy Ellis, Jr.
17065 Dixie Highway #36
Hazelcrest, IL 60429
Slate: Brennan, Davis, Majka
Lawrence Brennan
Teamsters Joint Council 43
2801 Trumbull Avenue
Detroit, MI 48216
William T. Hogan, Jr.
219 Avondale
Palatine, IL 60067
Thomas J. Willett
August 16, 1996
Page 1
Re: Election Office Case No. P-863-LU331-PNJ
Gentlemen:
Thomas J. Willett, Secretary-Treasurer of Local Union 331, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election ("Rules") alleging that the exterior of the Local Union 331 hall was defaced with Hoffa campaign stickers and literature shortly after it was scraped and repainted. He states that Local Union member Steve Colbert admitted responsibility for the postings.
Mr. Colbert denies any involvement in the incident.
Thomas J. Willett
August 16, 1996
Page 1
This protest was investigated by Regional Coordinator Peter V. Marks, Sr.
Local Union 331 paid approximately $3000 to have the exterior of its hall scraped and painted. The work was completed during the week of July 8, 1996.
At about 5:30 a.m. on Monday, July 15, Mr. Willett discovered that Hoffa campaign stickers and other material had been pasted to the exterior of the local union hall. They were removed immediately. Regional Coordinator Marks examined the exterior of the hall on August 9 and observed no signs of damage.
Affixing campaign stickers and literature to the newly painted exterior of Local
Union 331's hall was vandalism. 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. However, 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).
Pasting pro-Hoffa campaign stickers and literature to the exterior of Local Union 331's hall violated the Rules. Article VIII, Section 11(a) protects the right of members "to support or oppose any candidate" of their choice. It also protects the right of members not to be involved in union politics if that is their decision. Using the Local Union 331 hall to display one side's campaign materials interfered with the Section 11(a) rights of all members of that local union who disagreed or wished to remain uninvolved. Using the hall for a campaign display also violated the prohibition in Article VIII, Section 11(c): "Union . . . facilities . . . may not be used to assist in campaigning . . . ."
The Election Officer's investigation did not reveal who was responsible for these actions. Mr. Willett alleges that Mr. Colbert admitted responsibility. He bases that charge on a conversation he had with Mr. Colbert at the recent IBT Convention, in which Mr. Colbert allegedly claimed responsibility for posting Hoffa materials in the southern New Jersey area. This area includes Pleasantville, New Jersey, where Local Union 331's hall is located. Local Union 331 Business Agent Patrick McGinn reports having a similar conversation with
Mr. Colbert.
Mr. Colbert admits posting campaign materials around southern New Jersey. However, he denies any involvement in affixing materials to the exterior of the Local Union 331 hall. His statements of general campaign activity to Messrs. Willett and McGinn at the Convention are not evidence of any connection to the particular incident in question. During the course of the investigation, Regional Coordinator Marks was informed that there may be a police report on the incident. He requested each side to produce a copy, but neither did so.
Thomas J. Willett
August 16, 1996
Page 1
Accordingly, the Election Officer is unable to attribute the vandalism at the Local
Union 331 hall to any specific person or persons. For this reason, the protest is DENIED.
Although the protest is denied, the Election Officer finds that the vandalism at Local Union 331's hall involved serious violations 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.
In order to warn International officer campaigns that defacing property with campaign material will not be tolerated, and to request their cooperation in discouraging further incidents, the Election Officer will serve a copy of this decision on all slate representatives and the individual candidates for International secretary-treasurer. In addition, the Election Officer will send the attached letter to all International officer candidates. Candidates are directed to make appropriate efforts to communicate the substance of this notice to members who campaign for them.
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
Thomas J. Willett
August 16, 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
Peter V. Marks, Sr., Regional Coordinator
International Officer Candidates (Notice Only)
Official Notice of the IBT Election Officer
To: All International Officer Candidates
The Rules for the 1995-1996 IBT International Union Delegate and Officer Election ("Rules") protect the appropriate distribution and posting of campaign stickers and other materials. Article VIII, Section 11(a) protects the right of union members to distribute literature outside a meeting hall. Article VIII, Section 11(d) protects pre-existing rights of members to use employer or union bulletin boards for campaigning and to distribute campaign literature on employer or union premises. Article VIII, Section 11(e) authorizes members to distribute campaign literature at employee parking lots, within certain limitations.
Several incidents have come to my attention, in which campaign stickers and other material have been pasted on local union and member property. This is vandalism, not protected activity. Such behavior interferes with the rights of members to campaign or not as they choose, and it is potentially harassing and retaliatory. When such behavior takes place in the public eye, it invites criticism of the International electoral process.
The Election Officer will take appropriate action against persons who engage in such activity if their identities are known. However, it is in the interests of all participants in the International electoral process to discourage such activity from happening.
Accordingly, you are directed to take appropriate measures to discourage persons who campaign on your behalf from defacing property with campaign material. Your example is important in ensuring that the International election is conducted properly under the Rules.
______________________________
Barbara Zack Quindel
Election Officer