October 15, 1996
VIA UPS OVERNIGHT
Bernard Jensen
October 15, 1996
Page 1
Bernard Jensen
635 Alice Court
Elgin, IL 60123
Gerald Zero, Secretary-Treasurer
Teamsters Local Union 705
1645 W. Jackson Boulevard
Chicago, IL 60612
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Dane Passo
6811 W. Roosevelt Road
Berwyn, IL 60402
Bradley Raymond
Finkel, Whitefield, Selik, Raymond
Ferrara & Feldman, P.C.
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334
Bernard Jensen
October 15, 1996
Page 1
Re: Election Office Case No. P-944-LU705-CHI
Gentlemen:
Bernard Jensen, a member of Local Union 705, 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 Dane Passo, a member of Local Union 705 and Chicago Coordinator of the Hoffa Campaign, pasted “Hoffa-Flynn ’96” stickers on the van of IBT member Thomas Ophus while it was parked in the Addison, Illinois UPS facility, in violation of the Rules. At this time, Mr. Ophus had a “Ron Carey slate” sign displayed on the front windshield of his van.
Mr. Passo replies that he was at the UPS facility “dropping off campaign newspapers” in IBT member Bob Stout’s car, but left the parking lot without touching any cars. He states that he then pulled his car out of the parking lot, parked his vehicle on the street, and proceeded to place campaign stickers on the light poles in the public right of way. Mr. Passo states that Carey supporters “took the stickers off the light poles themselves and put them on their own cars so that they could blame him.”
Bernard Jensen
October 15, 1996
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This protest was investigated by Regional Coordinator Julie E. Hamos.
The investigation revealed that on September 6, 1996, Mr. Jensen saw Mr. Passo at the UPS parking lot. Mr. Jensen observed Mr. Passo driving slowly through the parking lot, getting out of his car and placing three “Hoffa-Flynn ’96” stickers on a van. The van belonged to Thomas Ophus, a Carey supporter who had a “Ron Carey slate” sign in the front window of his van.
When Mr. Ophus left work, Mr. Jensen told him what he had seen, and they reported the incident to the police department. The police report obtained by the Regional Coordinator supports Mr. Jensen’s allegation. The reporting officer writes, “Passo agreed not to place any more stickers on any vehicles in the parking lot, he stated he was placing stickers on light poles only.” Based upon the investigation, the Election Officer finds that Mr. Passo placed the “Hoffa-Flynn ’96 ” stickers on Mr. Ophus’ van.
The Election Officer has found that the affixing of adhesive campaign stickers to private property without consent is vandalism and a violation of the Rules. Chentnik, P-182-LU325-CHI (October 31, 1995) (putting stickers on member’s car); Volpe, P-763-IBT-NYC et seq. (June 18, 1996) (putting stickers in restroom in member’s business); Willett, P-863-LU331-PNJ (August 16, 1996) (putting stickers on outside of local union hall).
In the current matter, it appears that Mr. Passo targeted Mr. Ophus’ vehicle for vandalism because Mr. Ophus displayed a “Ron Carey slate” sign on his front windshield. Article VIII, Section 11(f) prohibits “[r]etaliation or threat of retaliation by the International Union, any subordinate body, any member of the IBT, any employer or other person or entity against a Union member, officer or employee for exercising any right guaranteed by this or any other Article of the Rules.” The Election Officer finds that Mr. Passo’s actions constituted retaliation against Mr. Ophus for his support of the Carey campaign.
Moreover, the fundamental goal of the Consent Decree and the Rules is a fair, open, and democratic election process. The ability of candidates and members to engage in face-to-face campaigning is critical to that process and, to that end, Article VIII, Section 11(e) of the Rules creates a limited right of access to any employer parking lot used by IBT members for IBT members and candidates to campaign. See Hoffa, P-784-LU282-NYC (June 14, 1996) (access to local union parking lot); Carlucci, P-916-LU705-CHI (September 23, 1996) (access to employer parking lot). This right to face-to-face campaigning in employer parking lots does not include a right to leave campaign literature on parked cars. Maxwell, P-731-LU24-CLE (April 25, 1996); Terrazas, P-914-LU63-CLA (September 11, 1996), or to put adhesive campaign stickers on parked cars.
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
Bernard Jensen
October 15, 1996
Page 1
remedy, the Election Officer views the nature and seriousness of the violation, as well as its potential for interfering with the election process.
In Willett, supra, where a local union hall had been affixed with campaign stickers, the Election Officer issued a notice to all candidates for International office condemning such defacement of private property and directing candidates to take appropriate measures to communicate the substance of the notice to members who campaign for them. Mr. Passo, as Chicago Coordinator of the Hoffa campaign, should have been informed of the substance of the notice in question. The Election Officer also warned in the notice that she “will take appropriate action against persons who engage in such activity if their identities are known.”
The Election Officer thereby orders:
1. Mr. Passo and the Hoffa campaign shall cease and desist from pasting campaign stickers to any IBT member’s vehicle, except with the member’s knowledge and consent.
2. Within three (3) days of receipt of this decision, Mr. Passo shall send the attached notice on Hoffa campaign stationary via first-class mail to all Hoffa campaign staff and volunteers in the Chicago regional area. The envelope shall not contain any other material. The cost of duplication and postage shall be paid by the Hoffa campaign.
3. Within five (5) days after the mailing, if complete, Mr. Passo will file an affidavit with the Election Officer detailing his compliance with this order, including a list of the staff and volunteers to whom the notice was sent.
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
Bernard Jensen
October 15, 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
Julie E. Hamos, Regional Coordinator
[on Hoffa Campaign stationary]
NOTICE TO ALL HOFFA CAMPAIGN STAFF
IN THE CHICAGO AREA
The Election Officer has found that I pasted a campaign sticker on an IBT member’s property, in violation of the Election Rules. My actions constituted vandalism, not protected activity. Such behavior interferes with the rights of members to campaign or not, as they choose, and it is harassing and retaliatory. When such behavior takes place in the public eye, it invites criticism of the International electoral process. No campaign staff member or volunteer should engage in such behavior.
I have been instructed by the Election Officer to notify you that the Election Officer will take appropriate action against persons who engage in such activity. It is in the interests of all participants in the International electoral process to discourage such activity from happening.
_______________________________
Dane Passo
Chicago Coordinator
Hoffa campaign
Approved by Barbara Zack Quindel, IBT Election Officer.