October 9, 1996
VIA UPS OVERNIGHT
Todd Furst
October 9, 1996
Page 1
Todd Furst
566 Madison Avenue
York, PA 17404
Kevin Cicak, President
Teamsters Local Union 430
355 S. Wheaton Street
York, PA 17403
Larry Palmer
R.D. 2, Box 491
East Berlin, PA 17316
Todd Furst
October 9, 1996
Page 1
Re: Election Office Case No. P-949-LU430-PNJ
Gentlemen:
Todd Furst, a member of Local Union 430, 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 on September 8, 1996 he was threatened and intimidated by a steward during the local union’s regularly scheduled monthly meeting.
This protest was investigated by Regional Coordinator Peter V. Marks, Sr.
Todd Furst
October 9, 1996
Page 1
The investigation revealed that during the local union’s monthly meeting on September 8, 1996, Mr. Furst and Larry Palmer, a steward at Fleming Companies (“Fleming”), engaged in a discussion about materials Mr. Furst had posted at Fleming regarding his activities on behalf of the Carey campaign. Mr. Furst states that during the meeting he was criticized by Al Koch, a local union officer, for his bulletin board posting activities at Fleming. At this point in the meeting, Mr. Furst contends Mr. Palmer stood up, pointed at the protester and stated, “You better not post anything on my bulletin boards.” Mr. Furst asked what would happen if he posted materials on “his” bulletin board to which Mr. Palmer replied that he would “find out.” This exchange continued for several minutes. Mr. Furst repeated his question to Mr. Palmer if he was threatening him, and Mr. Palmer did not reply. When Local Union 430 President Kevin Cicak heard this dispute at the meeting which he was chairing, he asked everyone to return to local union business. At this point, the discussion ceased and members involved continued to participate in the meeting.
The Rules, at Article VIII, Section 11(f), prohibit retaliation and the threat of retaliation by any person against a member for exercising any right guaranteed by the Rules. This prohibi-tion includes violence, threats of violence and harassment. It does not include the natural discourse that arises as a result of campaign-related activities. The Election Officer finds that Mr. Furst and Mr. Palmer had a heated discussion over his activities but that both individuals ceased their arguing when requested to do so by Mr. Cicak. The fact that Mr. Furst and
Mr. Palmer engaged in a heated discussion during the local union meeting does not constitute a violation of the Rules, which are designed to ensure fair, honest, open and informed elections. See Dunn, P-110-LU25-BOS (July 28, 1995), aff’d, 95 - Elec. App. - 8 (KC) (August 21, 1995) (heated discussion with close physical presence between individuals not a violation); Scott,
P-1092-LU745-SOU (November 21, 1991) (“Come into the locker room and let’s get it on” construed not to violate the Rules).
For the foregoing reasons, this 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
Peter V. Marks, Sr., Regional Coordinator