October 28, 1996
VIA UPS OVERNIGHT
James P. Hoffa
October 28, 1996
Page 1
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Ron Carey Campaign
c/o Nathaniel K. Charny
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
Pat Miraglio, Secretary-Treasurer
Teamsters Local Union 439
1531 E. Fremont Street
Stockton, CA 95205
Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond,
Ferrara & Feldman, P.C.
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334
James P. Hoffa
October 28, 1996
Page 1
Re: Election Office Case No. P-1044-LU439-CSF
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 James P. Hoffa, a member of Local Union 614 and a candidate for general president. Mr. Hoffa alleges that Mike Miller, a member of Local Union 439, impeded campaigning by supporters of
Mr. Hoffa’s candidacy at a United Parcel Service (“UPS”) work site in Stockton, California. Mr. Hoffa states that Mr. Miller physically snatched campaign literature away from members to whom the literature was given and advised the campaign workers in an insulting fashion that they could file a protest.
Mr. Miller responds that he did not snatch materials away from members, but received copies voluntarily passed to him. He states that he threw these copies in the trash. He denies using profanity or insulting language.
Adjunct Regional Coordinator Victoria Chin investigated the protest.
James P. Hoffa
October 28, 1996
Page 1
The investigation revealed that on September 30, 1996, Larry Braga, a member of Local Union 439, Dominic Chiovare, a member of Local Union 70, and several others arrived at the UPS facility to campaign for Mr. Hoffa. Messrs. Braga and Chiovare and two others entered the facility to distribute literature to drivers there.
Messrs. Braga and Chiovare both state that they witnessed Mr. Miller pull literature out of the hands of members to whom they had passed it. Mr. Chiovare states that he threatened to file a protest and Mr. Miller ceased grabbing the literature. Mr. Braga states that Mr. Miller responded to Mr. Chiovare’s threat to file a protest by saying, “Fuck you, go file a charge.” Mr. Chiovare denies hearing Mr. Miller make such a statement. The entire incident lasted no more than one to two minutes.
Mr. Miller states that members handed him the fliers as they received them from the campaigners. He states that one of the campaigners told him he could not take the literature from the members and he responded that if they did not like it, they could file a charge. According to Mr. Miller, he did not use profanity nor did he intend to intimidate the campaigners.
Mr. Chiovare states that he left the area when management agents came out to brief the workers. Mr. Braga states that they were asked to leave the area by management. All the witnesses agree that shortly after they left the area, Messrs. Braga and Chiovare handed out campaign literature outside the facility in the driveway without incident or interference.
The Election Officer credits the testimony of Mr. Miller in this case. First, while
Mr. Braga contends that Mr. Miller was profane and argumentative, Mr. Chiovare does not corroborate these statements. Second, Mr. Miller contends that he did not snatch literature out of members hands, but that members handed him the literature. This rendition is consistent with the information from the witnesses that people surrounding the protester were not angry and that the entire incident lasted only one to two minutes. Finally, shortly thereafter, the protester continued to hand out campaign literature outside the facility without incident.
The Rules, at Article VIII, Section 11(a), provide all union members with the right to participate in campaign activities, including the right to support or oppose any candidate and to campaign for any candidate. Members are entitled to this right free from interference.
Given the nature of the allegations and the facts uncovered by the investigation, the Election Officer determines that Mr. Miller’s conduct did not violate the Rules.
Accordingly, 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:
James P. Hoffa
October 28, 1996
Page 1
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, D.C. 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
Victoria Chin, Adjunct Regional Coordinator