October 23, 1996
VIA UPS OVERNIGHT
Carmen Cecere
101 Sydney Street
Medford, MA 02155
Tom Thibault
42 W. Rosedale
Manchester, NH 03103
Re: Election Office Case No. P-935-LU122-ENG
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by
Carmen Cecere, Jr., a member of Local Union 122. Mr. Cecere alleges that Tom Thibault, a member of Local Union 633, retaliated against him for exercising political rights protected under the Rules while campaigning at a UPS facility in Manchester, New Hampshire. Mr. Cecere contends that on September 4, 1996, Mr. Thibault attempted to prohibit him and other supporters of James P. Hoffa, a candidate for general president, from campaigning by driving his car at them as they leafleted for Mr. Hoffa in the UPS parking lot. Mr. Cecere alleges that Mr. Thibault verbally harassed him and that intimidated him by these actions.
In response, Mr. Thibault denies that the alleged incident involving the car occurred, but admits that he was involved in an animated debate with Mr. Cecere and the other campaigners. Mr. Thibault states that the campaigners were harassing IBT members employed by UPS as they went to work.
This protest was investigated by Adjunct Regional Coordinator David F. Reilly.
The Election Officer’s investigation substantiates that a confrontation occurred between Mr. Thibault, Mr. Cecere and other non-IBT members who were campaigning with
Carmen Cecere
October 23, 1996
Page 1
Mr. Cecere on September 4, 1996, over the rights of the campaigners to distribute pro-Hoffa campaign material in the UPS parking lot. The parties’ accounts differ, however, as to the magnitude of the confrontation.
Mr. Thibault is employed as a packer/driver at the Manchester UPS facility.
Mr. Cecere, who is employed at the Budweiser plant in Medford, Massachusetts, states that at 5:00 p.m. on September 4, he and four to five non-IBT members campaigned at the UPS facility, passing out campaign leaflets to members employed at the facility. Around
6:00 p.m., Mr. Thibault, who supports Mr. Carey for general president, allegedly drove through the parking lot close to where the campaigners were standing in a UPS tractor trailer. He shouted obscenities at the campaigners and, among other things, told the campaigners to “get the fuck out of here,” “[w]e are a pro-Carey barn . . . ,” “Hoffa sucks” and “you have no right to be here.” Mr. Thibault then parked the truck and approached the campaigners and there ensued a profanity-laced exchange between Mr. Thibault and the campaigners.
Mr. Thibault then went to where his personal vehicle was parked and started his car. According to Mr. Cecere, Mr. Thibault proceeded to “buzz” past the campaigners three times, each time swerving at the last minute to avoid hitting them. Mr. Cecere first estimated that Mr. Thibault was traveling between 45-50 mph, but later revised that estimate to
25-30 mph. Tony Pini, who campaigned with Mr. Cecere, corroborates Mr. Cecere’s account.
Mr. Thibault admits that a heated conversation took place between himself and the pro-Hoffa campaigners, but denies that he yelled, screamed or cursed at the campaigners.
Mr. Thibault also denies that he used his car to threaten the campaigners. Mr. Thibault states that he confronted the campaigners because they were exceeding the scope of permis-sible campaigning in the parking lot. He states that the campaigners had improperly leafleted all automobiles in the lot, and that the campaigners were harassing individuals as they attempted to leave the building, by blocking the walking paths and automobile exit paths.
Article VIII, Section 11(f) of the Rules prohibits retaliation and the threat of retaliation by any person against a member for exercising any right guaranteed by the Rules. The right to engage in political and campaign activities includes the right to be free from threats of violence. Lopez, P-456-LU743-CHI (April 10, 1996) (finding “I’ll kill you” to violate the Rules, in light of ongoing animosity between the parties); Smith, P-600-LU150-CSF
(April 30, 1996) (finding remark “you’ll be taken out of here in a body bag” to violate the Rules); Kelly, P-600-LU705-CHI et seq. (March 27, 1991) (finding an aggressive threat to “kick their ass” made in a menacing manner to be harassment, in violation of the Rules).
After investigating this matter, the Election Officer credits the protester’s account of the events that took place. First, the protester is corroborated by Mr. Pini. Second,
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October 23, 1996
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Mr. Thibault admits that he was upset and thought the campaigners were improperly blocking traffic. Even if Mr. Thibault believed that the protester was campaigning in violation of the Rules, he was not permitted to engage in self-help. The Election Officer finds that after a heated exchange with the protester, Mr. Thibault threatened him and those campaigning with him by driving his car towards them. While an exchange of words, even when heated, would not normally violate the Rules, when Mr. Thibault deliberately drove his car towards the campaigners, he acted in a manner which retaliated against them for engaging in campaign rights protected by the Rules.
In consideration of the foregoing, Mr. Cecere’s 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 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 considering a remedy, the Election Officer notes that since filing this protest
Mr. Cecere has continued to campaign at the UPS facility without incident. Nonetheless,
Mr. Thibault is hereby ordered to cease and desist from threatening Mr. Cecere. In addition, for the duration of the International election campaign (until December 10, 1996),
Mr. Thibault is ordered not to come within 20 feet of Mr. Cecere at any time. In addition, Mr. Thibault is ordered to cease and desist from directing any campaign activities to
Mr. Cecere, including talking to him about the election in any manner. See Lopez, P-456-LU743-CHI (April 10, 1996).
Within three (3) days of receipt of this decision, the Election Officer also orders Local Union 633 to post the attached “Notice to IBT Members Employed at the UPS Facility in Manchester, New Hampshire” on all union bulletin boards at the UPS facility in Manchester, New Hampshire.
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
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October 23, 1996
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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
David F. Reilly, Adjunct Regional Coordinator
NOTICE TO IBT MEMBERS EMPLOYED AT
THE UPS FACILITY IN MANCHESTER, NH
You have the right to participate in campaign activities on behalf of any candidate for International office in the IBT. It is a violation of the Election Rules for any IBT member to threaten, coerce, intimidate, or harass a member because they exercise rights guaranteed under the Election Rules.
Any member believing the Election Rules have been violated may file a protest with the Election Officer at 400 N. Capitol Street, N.W., Suite 855, Washington, D.C. 20001; telephone (800) 565-VOTE or (202) 624-3500; facsimile (202) 624-3525.
____________________________
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.