October 24, 1996
VIA U.S. EXPRESS MAIL & UPS OVERNIGHT
Anthony DiDonato
October 24, 1996
Page 1
Anthony DiDonato
P.O. Box 478
Sugar Grove, IL 60554
Gerald Zero, Secretary-Treasurer
Teamsters Local Union 705
1645 W. Jackson Boulevard
Chicago, IL 60612
Ron Jones
Roadway Express
2300 Landmeier
Elk Grove Village, IL 60007
Richard Bennett
Roadway Services, Inc.
1077 George Boulevard
Akron, OH 44309
Barbara Leukart
Jones, Day, Reavis & Pogue
901 Lakeside Avenue
Cleveland, OH 44114
Anthony DiDonato
October 24, 1996
Page 1
Re: Election Office Case No. P-1085-LU705-CHI
Gentlemen:
Anthony DiDonato, a member of Local 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”) against Ron James, a steward for Local 705 employed at Roadway Terminal 305 in Elk Grove, Illinois. Mr. DiDonato alleges that Mr. James violated the Rules by removing pro-Hoffa campaign material from a local union bulletin board at the Elk Grove terminal.
Mr. James denies removing the materials, but concedes that on one occasion he told Mr. DiDonato that the bulletin board was not to be used for campaign “propaganda.”
The protest was investigated by Regional Coordinator Julie E. Hamos.
Anthony DiDonato
October 24, 1996
Page 1
Mr. DiDonato claims that Mr. James removed campaign material from the bulletin board and that Mr. James admitted to removing this material, telling him that the bulletin board in question was to be used exclusively for union business. Mr. James denies removing the material but acknowledges that in a discussion with Mr. DiDonato he told him that the bulletin board was to be used exclusively for union business. There are no witnesses to the allegation that Mr. James removed the materials.
Based upon the investigation the Election Officer finds that Mr. James’ statement regarding the posting of campaign material on the bulletin board was misinterpreted by
Mr. DiDonato to mean that he, Mr. James, had removed campaign material from the bulletin board. There is, therefore, insufficient evidence to find that the material in question was removed by Mr. James.
Article VIII, Section 11(d) of the Rules states:
No restrictions shall be placed upon candidates’ or members’ preexisting rights to use employer or Union bulletin boards for campaign publicity . . . Such facilities and opportunities shall be made available to all candidates and members on a nondiscrimi-natory basis.
The investigation determined that the employer permits its employees to post campaign material. Thus, any removal of such material is prohibited under Section 11(d). Hence,
Mr. James’ statement to the protester regarding the posting of campaign material on the bulletin board is incorrect and he is advised that such material may be posted and should not be taken down. Since materials have been taken down from the bulletin board in question, however, after this protest was filed, the terminal manager has put a lock on the bulletin board and will post campaign materials upon request. The protester has made such a request and has had campaign materials placed on the bulletin board.
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:
Kenneth Conboy, Esq.
Latham & Watkins
885 Third Avenue, Suite 1000
New York, NY 10022
Fax (212) 751-4864
Anthony DiDonato
October 24, 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