October 22, 1996
VIA UPS OVERNIGHT
Giuseppe Castellano
October 22, 1996
Page 1
Giuseppe Castellano
69 Romulus Drive
Scarborough, ON M1K 4C1
Charles Thibault, President
Teamsters Local Union 938
1194 Matheson Boulevard, E.
Mississauga, ON L4W 1Y2
Ron Carey Campaign
c/o Nathaniel K. Charny
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond,
Ferrara & Feldman, P.C.
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334
Giuseppe Castellano
October 22, 1996
Page 1
Re: Election Office Case No. P-1070-LU938-CAN
Gentlemen:
Giuseppe Castellano, a member of Local Union 938, 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”) against Charles Thibault, president of Local Union 938 and a candidate for Canadian vice president on the Ron Carey No Corruption-No Dues Increase Slate. Mr. Castellano alleges that Mr. Thibault attempted to intimidate and harass him due to his support for James P. Hoffa, candidate for general president, by threatening to file charges against Mr. Castellano under the local union constitution.
Mr. Thibault responds that his intention to file charges against Mr. Castellano is an internal union matter completely unrelated to the protester’s political beliefs.
Regional Coordinator Gwen K. Randall investigated this protest.
Giuseppe Castellano
October 22, 1996
Page 1
On September 8, 1996, Mr. Castellano attended a regular general membership meeting of Local Union 938 with Mr. Thibault as chair. At the meeting, a discussion took place concerning the Teamsters pension plan, arising from a report given at a previous meeting on the status of the plan.[1] Mr. Castellano addressed the following question to the chairman: “I am not accusing anybody of anything, but is it possible for anyone to take anything out of the pension fund?” According to the protester, Mr. Thibault “immediately started ranting and raving that there was no possibility” of such an action and stated that Mr. Castellano would be charged under the local union constitution. Mr. Castellano, after repeating that he was not lodging any accusations, asked why Ron Carey’s campaign literature in the Teamster magazine implied that it was possible for theft from the pension plan to occur.[2] Following more discussion between Mr. Castellano and Mr. Thibault about the pension plan, the latter again told the protester that charges would be filed against him.
At a later point in the meeting, during a discussion of Canadian sovereignty within the IBT, Mr. Castellano made another comment from the floor. Mr. Thibault responded, “We all know who you are voting for.” Mr. Castellano is well known within the local union as a Hoffa supporter and has campaigned for Mr. Hoffa at his place of employment. Mr. Thibault is a candidate for International vice president on the Ron Carey No Corruption-No Dues Increase Slate.
Mr. Thibault sent a letter to the protester dated September 16, 1996, stating that
Mr. Castellano’s comments at the September 8 meeting regarding the pension plan were “derogatory, inflammatory and libelous.” Mr. Thibault gave Mr. Castellano the chance to avoid being charged by “publicly withdrawing those accusations, in writing and making a formal apology with the right of this Local to post such a notice in all Companies.” (Emphasis in original).
By letter to Mr. Thibault dated October 4, 1996, Mr. Castellano declined to apologize for his statements on September 8, asserting that, “I have done nothing wrong.” He made clear at the meeting, Mr. Castellano stated, that “no accusation was being made,” but that he was merely questioning “the possibility of any mismanagement of Teamster Pension Plans,” a possibility suggested by Mr. Carey’s campaign literature. With his letter, Mr. Castellano enclosed a copy of page 29 from the March 1996 issue of Teamster magazine.[3]
Mr. Castellano did not attend the next general membership meeting of Local
Giuseppe Castellano
October 22, 1996
Page 1
Union 938, which took place on October 6, 1996. The Election Officer’s investigation revealed that Mr. Thibault read out loud his letter of September 16 to the protester and the protester’s October 4 response. Mr. Thibault informed the members present that because
Mr. Castellano had not issued an apology, he intended to file charges against him and notify the pension plan trustees. [4]
Article VIII, Section 11(a) of the Rules guarantees members “the right to participate in campaign activities, including the right to . . . support or oppose any candidate [and] to aid or campaign for any candidate.” This basic right, so essential to the goal of a free and fair election, is reinforced in Section 11(f)’s prohibition on retaliation against any IBT member “for exercising any right guaranteed by this or any other Article of the Rules.” An alleged violation of this section, however, is sustainable only if there is some evidence that connects the protested conduct with a guaranteed right under the Rules. Giacumbo, P-100-IBT-PNJ (October 13, 1995); Salucci, P-178-LU552-MOI (October 31, 1995); Hasegawa, P-318-LU174-PNW et seq. (February 5, 1996).
In the instant case, Mr. Thibault states that his intention to file charges against the protester is completely unrelated to the International union election. The charges,
Mr. Thibault asserts, are based on Mr. Castellano’s “libelous” statements about mismanagement of the pension plan at the September 8 local union meeting--statements not made in the context of a political discussion. Mr. Thibault insists that no political discussion of any kind occurred at the September 8 meeting. He states that he does not know which candidate Mr. Castellano supports in the International election.
The Election Officer does not credit Mr. Thibault’s statements. Several Local
Union 1070 members who attended the September 8 meeting verified the protester’s version of events, stating that the protester referred to the Carey campaign literature in the Teamster magazine and confirming that later in the meeting, Mr. Thibault said, “We all know who you are voting for” to Mr. Castellano. The fact that Mr. Thibault became incensed over the protester’s question about the pension fund while referring to Mr. Carey’s campaign literature in the magazine ties in with Mr. Thibault’s later remark that he was aware of Mr. Castellano’s political affiliations. As stated above, Mr. Castellano has been a vigorous supporter of
Mr. Hoffa and has campaigned for him at his workplace.
The Election Officer concludes that Mr. Thibault was motivated to file charges against the protester in retaliation for the latter’s support for Mr. Hoffa and his references to
Mr. Carey’s campaign materials, in violation of the Rules. See Thibeault, P-898-
LU1150-ENG (October 4, 1996).
Accordingly, the protest is GRANTED.
Giuseppe Castellano
October 22, 1996
Page 1
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 looks to such factors as the nature and seriousness of the violation, the violation’s potential for interfering with the election process, and which remedy will best protect the rights of members to a free and fair election.
The Election Officer hereby orders that Mr. Thibault take the following actions:
1. Immediately cease and desist from engaging in retaliatory conduct relating to the International officer election.
2. Within three (3) days of receipt of this decision, Mr. Thibault shall mail the enclosed letter to Mr. Castellano retyped onto local union stationery. Mr. Thibault shall mail a copy of the letter to the Election Officer. Mr. Thibault shall also read the letter aloud to the members at the next local union membership meeting.
3. Within three (3) days of receipt of this decision, Mr. Thibault shall post the attached “Notice to Members of Local Union 938” on all bulletin boards at the local union hall.
4. Within two (2) days of sending the letter and posting the notice, Mr. Thibault shall file with the Election Officer an affidavit detailing his compliance with this decision.
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
Giuseppe Castellano
October 22, 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
Gwen K. Randall, Regional Coordinator
NOTICE TO MEMBERS OF
TEAMSTERS LOCAL UNION 938
The Election Officer has found that I engaged in retaliatory conduct against a member of Local Union 938 when I threatened internal union charges after a member questioned a campaign-related claim by a candidate for International office. I have been ordered by the Election Officer to cease and desist from engaging in retaliatory conduct relating to the election of International union officers.
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 local union officer or IBT member to threaten, coerce, intimidate or harass a member because he or she exercises rights guaranteed under the Election Rules.
___________________________
Charles Thibault, President
Teamsters Local Union 938
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.
Approved by Barbara Zack Quindel, IBT Election Officer.
[Retype on Local Union 938 Stationery]
Giuseppe Castellano
69 Romulus Drive
Scarborough, ON M1K 4C1
Dear Sir and Brother:
On September 16, 1996, I sent you a letter indicating that, due to comments you made at the September 8, 1996 general membership meeting of Local Union 938, I intended to file charges against you under the local union constitution. In my letter, I stated that I would refrain from filing charges if you issued a formal apology, in writing, for your comments.
The Election Officer has found that my conduct constituted retaliation, in violation of the Election Rules. Accordingly, I hereby retract my letter of September 16, 1996 and all statements contained within. No charges will be filed against you under the constitution of Local Union 938.
Fraternally,
Charles Thibault
President
cc: Barbara Zack Quindel, Election Officer
[1]Apparently, members were advised at this meeting that contributions from participants in the plan would be raised substantially and a bridging provision would be discontinued due to a miscalculation in the number of new members required to contribute to the plan.
[2]According to several witnesses at the meeting, Mr. Castellano held up a copy of the Teamster magazine as he spoke.
[3]Page 29 is part of Mr. Carey’s “Candidate Campaign Material” in the March 1996 issue. The text on the page states, in part: “Junior Hoffa was a business partner of Allen Dorfman, who gave the mob access to Teamster pension funds.”
[4]As of October 16, 1996, no charges had been filed against the protester.