Protest Decisions

September 18, 1996

VIA UPS OVERNIGHT

Matthew O’Connor

September 18, 1996

Page 1

Matthew O’Connor

225 Meadow Ridge Road

Smithville, NJ 08201

Joseph Yeoman, President

Teamsters Local Union 331

5 E. Washington Avenue

Pleasantville, NJ 08232

Ray Williams

228 Linden Avenue

Pleasantville, NJ 08232

Matthew O’Connor

September 18, 1996

Page 1

Re:  Election Office Case No. P-901-LU331-NYC

Gentlemen:

Matthew O'Connor, a member 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 Local Union 331 President Joseph Yeoman and Local

Union 331 Steward Ray Williams violated the Rules by excluding Mr. O'Connor and four or five other local union members from a meeting at Local Union 331's hall on August 22, 1996, due to their support for James P. Hoffa's candidacy for general president.

Mr. Yeoman states that the meeting in question was the start-up meeting for a strike coordinating committee, that it was not open to the general membership, that attendance was by invitation, and that Mr. O'Connor and others were not excluded for reasons of political affiliation.

This protest was investigated by New York City Protest Coordinator Barbara C. Deinhardt.

Matthew O’Connor

September 18, 1996

Page 1

Mr. Yeoman states that the purpose of the meeting in question was to organize a strike coordinating committee.  During a strike by Local Union 331 members that started in 1992, misconduct on the line resulted in an injunction against the local union that lasted several years.  To avoid such a situation in the future, he decided to identify and train stewards and members in lawful, effective measures to conduct and support a strike.

Mr. Yeoman asked certain interested stewards to invite a limited number of members who might want to participate in the committee.  He states that he invited no one himself.  When asked by other members if they could attend, he states that he deferred to the selections made by the stewards.  Mr. Yeoman estimates attendance at the meeting at approximately 45, which he states was "too many for the space we had--they were lined up all the way out the door."[1]

Mr. O'Connor was not invited to the meeting.  He contends that he was excluded because of his support for James P. Hoffa.  In his interview with the Election Officer's investigator, he further contended that "[t]he people not invited were Hoffa people (Walt Breitrieser, Bobby Ricci, Jack Verseput)."  He acknowledges that "[t]here were some Hoffa supporters that were invited to the meeting, but they are what I call "closet Hoffa supporters.  I don't know if Joe [Yeoman] knows they are Hoffa supporters.  I don't know if Carey supporters were not invited."

Mr. O'Connor states that he found out on August 19 that the meeting had been scheduled and that he telephoned Mr. Yeoman about it on August 21, the night before the meeting took place.  Mr. O'Connor alleges that during the call Mr. Yeoman "made a reference to my being a Hoffa Teamster and that I was detrimental to the Union," that the discussion became a shouting match, and that Mr. O'Connor said that "I and my Hoffa Teamsters would be outside the building at 6:00 the next evening."  Mr. O'Connor states that he tried to enter the meeting the next day and was stopped by Mr. Yeoman, who said that the meeting was closed.  Mr. O'Connor states that he told Mr. Yeoman that Mr. Yeoman would have to "call the cops to get me to leave."  It is undisputed that Mr. Yeoman did call the police and that Mr. O'Connor then left.

Mr. Verseput, who Mr. O'Connor identified as a Hoffa supporter not invited to the meeting, was a Local Union 331 steward and business agent until he was replaced by

Mr. Williams.  He telephoned Mr. Williams about the meeting and contends that Mr. Williams first denied that there was a meeting and then said that "they didn't want any detrimental politicking from the other side at the union hall."  Mr. Verseput later spoke by telephone with local union business agent Tom Willett and states that Mr. Willett told him that they did not want "his kind" at the local union hall.

Messrs. Breitrieser and Ricci, who Mr. O'Connor also identified as uninvited Hoffa supporters, stated to the Election Officer's investigator that they believe that they were excluded from the meeting due to their support for Mr. Hoffa.

Matthew O’Connor

September 18, 1996

Page 1

Mr. Yeoman acknowledges that Mr. O'Connor called him about attending the meeting.  Mr. Yeoman states that he told Mr. O'Connor that the meeting was closed, and he denies commenting on Mr. O'Connor's political affiliation or saying that Mr. O'Connor is detrimental to the union.  Mr. Yeoman contends that Mr. O'Connor started "one of his raving tirades" about the fact that he paid dues and could attend any meeting.  Mr. Yeoman further contends that upon insisting on the closed nature of the meeting that Mr. O'Connor "started screaming on the phone

--he said that's what happens when black people take over things. At that point, I said good-bye and hung up."[2]

Mr. Yeoman further responds that Mr. O'Connor was one of the members who engaged in strike misconduct resulting in the earlier injunction against the local union, which also ran against Mr. O'Connor personally and barred him from the line.  He states that he does not believe that Mr. O'Connor was serious about actually attending the meeting because Mr. O'Connor knew that his girlfriend was going to be there, who has a restraining order against him.  Thus, he would have to leave when she arrived.  Mr. Yeoman also contended that Mr. O'Connor has a history of using racial terms in an offensive manner and of interpreting situations racially.  In May, an incident occurred between Messrs. O'Connor and Williams when Mr. Williams was giving out job assignments.  He asked if Mr. O'Connor was working, and Mr. O'Connor said, "Yes, don't give my job to another black guy."  Mr. O'Connor states that Mr. Williams then assaulted him, which became the subject of a grievance.

Mr. Williams states that the people he invited to the meeting were the same people he called for support during a trade show strike that lasted from 1991 to 1994, as well as some others who he thought would be interested.  He states that Mr. Ricci does not have a history of working on picket lines.  He states that he did not invite Mr. Breitrieser to the meeting, because Mr. Breitrieser is prejudiced against blacks and is very critical of the union.  He states that he did not invite Mr. Verseput because, during the trade show strike, Mr. Verseput "came on the line only for one-half hour, one time.  That's all."  He further contends that when Mr. Verseput called him about the meeting, he told Mr. Verseput that "even though I wasn't inviting him, I didn't have any problem with him coming."  With respect to the trade show strike, Mr. Verseput responds that he was strike captain, that he was there every day, and that it was Mr. Williams who was not there.  Both Mr. Williams and Mr. Willett deny making politically-related comments to Mr. Verseput when he talked to them about the meeting.

The investigation showed that there are deep divisions within Local Union 331 that pre-date the political differences in the International officer election campaign.  Racial differences have frequently erupted into ugly situations.  There is disagreement over what took place in the contexts of strikes that preceded the current election process by several years.

Messrs. O'Connor, Breitrieser, Ricci, and Verseput did not have an affirmative right under the Rules to attend Local Union 331's start-up meeting for its strike coordinating committee.  "As a general matter, the principle officers of a local union have authority to control access to the local union hall."  DeLong, P-695-LU377-CLE et seq. (May 9, 1996), aff'd,

Matthew O’Connor

September 18, 1996

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96 - Elec. App. - 188 (KC) (May 16, 1996).  The IBT Constitution, at Article XIV, Section 2, creates certain rights for members to attend general membership meetings and craft meetings.  Article VIII, Section 5 of the Rules creates certain rights for candidates to attend local union meetings, but those provisions do not create access rights for non-candidates.

Despite the lack of an affirmative right under the Rules, however, Messrs. O'Connor, Breitrieser, Ricci, and Verseput could not be excluded from the meeting if exclusion was based on their support for Mr. Hoffa.

To demonstrate retaliation, a protester must show that conduct protected by the Rules was a motivating factor in the adverse decision or conduct in dispute.  The Election Officer will not find retaliation if she concludes that the union officer or entity would have taken the same action even in the absence of the protester’s protected conduct.  Gilmartin, P-032-LU245-PNJ (January 5, 1996), aff’d, 95 - Elec. App. - 75 (KC) (February 6, 1996).  See Leal, P-051- IBT-CSF (October 3, 1995), aff’d, 95 - Elec. App. - 30 (KC) (October 30, 1995); Wsol, P-095-IBT-CHI (September 20, 1995), aff'd, 95 - Elec. App. - 17 (KC) (October 10, 1995).

The Election Officer has recognized that "the need to limit attendance and maintain order at [a] meeting" is a "reasonable basis for excluding members from the meeting which is not related to the delegate or International officer elections."  Siemzuch, P-358-LU705-CHI

(March 5, 1996), aff'd, 96 - Elec. App. - 146 (KC) (March 29, 1996); Cook, P-337-LU705-CHI et seq. (May 8, 1996), aff'd, 96 - Elec. App. - 191 (KC) (May 17, 1996).  The Election Officer finds on this record that attendance by approximately 45 of Local Union 331's 2000 members strained the capacity of the meeting room.  Therefore, the local union had a legitimate interest in restricting attendance.

The Election Officer also finds that Messrs. Yeoman and Williams had legitimate, non-political reasons for excluding Mr. O'Connor, Mr. Breitrieser, and Mr. Ricci.  Mr. O'Connor had a history of strike misconduct inconsistent with the goals of the meeting, and he was unable to attend the meeting at the same time as his girlfriend, due to her restraining order against him.  The investigation shows that Mr. O'Connor has a history of personal, racial conflict with

Mr. Williams, the strike committee coordinator.  The Election Officer credits Mr. Williams' statement that Mr. Breitrieser was excluded for reasons relating to his racial beliefs and that

Mr. Ricci was excluded due to his lack of past support for local union strikes.  The Election Officer also credits Mr. Williams' statement that Mr. Verseput could attend the meeting although he was uninvited.  Therefore, the Election Officer finds that Mr. Verseput was not excluded.

The Election Officer does not credit the allegations of Mr. O'Connor or Mr. Verseput that politically-related comments were made against them by Mr. Yeoman, Mr. Williams, or

Mr. Willett in relation to attendance at the meeting.  The protester and his witnesses presented no other evidence of political motivation on the part of the charged parties.  Therefore, the Election Officer finds an absence of any credible linkage to the International officer election and the presence of ample, legitimate reasons for the exclusion of the protester and his witnesses from the meeting.  Accordingly, the Election Officer finds that Messrs. Yeoman and Williams did not engage in retaliation under the Rules.  See Hoffa, P-133-IBT-CHI et seq. (October 12, 1995), aff'd, 95 - Elec. App. - 28 (KC) (October 26, 1995) (not retaliation to exclude member from

Matthew O’Connor

September 18, 1996

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meeting due to "long-running, non-political dispute" in the absence of "evidence that exclusion was tied to any election").

For the foregoing reasons, 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

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

Barbara C. Deinhardt, New York City Protest Coordinator