December 3, 1996
VIA U.S. EXPRESS MAIL
Anthony DiDonato & Dane Passo
December 3, 1996
Page 1
Anthony DiDonato
P.O. Box 478
Sugar Grove, IL 60554
Dane Passo
6811 W. Roosevelt Road
Berwyn, IL 60402
Gerald Zero, Secretary-Treasurer
Teamsters Local Union 705
1645 W. Jackson Boulevard
Chicago, IL 60612
Anthony DiDonato & Dane Passo
December 3, 1996
Page 1
Re: Election Office Case No. P-1119-LU705-CHI
Gentlemen:
Anthony DiDonato and Dane Passo, both members of Local Union 705, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”). The protesters allege that Gerald Zero, secretary-treasurer of Local Union 705, filed internal union charges against the protesters in retaliation for Mr. DiDonato’s filing of a protest against Ron Jones, a steward of Local Union 705, and for his support of the Jim Hoffa-No Dues Increase-25 & Out Slate (“Hoffa slate”). The protesters assert that one day after Mr. Zero was notified by the Election Office of Mr. DiDonato’s protest against Mr. Jones, Mr. Zero filed internal union charges against them. They also allege that the internal union charges are without merit.
Mr. Zero denies that he filed the internal union charges against the protesters in retaliation for Mr. DiDonato’s protest against Mr. Jones and his support for the Hoffa slate. Mr. Zero maintains that three members of Local Union 705 initiated the charges against the protesters on September 18, 1996, well before Mr. DiDonato filed the protest against
Mr. Jones on October 13, 1996. Mr. Zero notes that in his letter of October 15, 1996, he only notified the protesters that internal union charges had been filed and the date of the hearing in November 1996.
Regional Coordinators Julie E. Hamos and Judith E. Kuhn investigated the protest.
Anthony DiDonato & Dane Passo
December 3, 1996
Page 1
The investigation revealed the following. On March 17, 1996, Local Union 705 held
a membership meeting. Harry Stewart, Bruce Weyand and Karen Staab, all members of Local Union 705 in attendance at the membership meeting, sent letters to Mr. Zero and/or the
local union’s executive board dated March 20, 1996, March 18, 1996 and March 28, 1996, respectively, regarding their disgust with the disruptive behavior of the protesters and
Andre Williams, another Local Union 705 member, at the membership meeting.
At a stewards’ meeting on September 18, 1996, Mr. Zero received a joint letter from Messrs. Stewart and Weyand and Ms. Staab requesting that the executive board of Local Union 705 file internal union charges against the protesters and Mr. Williams for “disrupting, intimidating and blocking access to the local union hall prior to the membership meeting on Sunday, March 17, 1996.” According to the minutes of the local union’s executive board meeting on September 20, 1996, the internal union charges filed by Messrs. Stewart and Weyand and Ms. Staab against the protesters and Mr. Williams were discussed and referred to Mr. Zero for appointing the hearing panel and scheduling the hearing. The evidence indicates that after September 20, 1996, Mr. Zero followed the local union’s standard practice for appointing members to a hearing panel and scheduling the hearing on a mutually agreeable date for all panel members. When these arrangements had been made, the notice letter was then sent.
On October 13, 1996, Mr. DiDonato filed the protest against Mr. Jones, who works at the Roadway Express terminal in Elk Grove, Illinois. On October 15, 1996, Mr. Zero received a copy of that protest from the Election Office. On the same day, Mr. Zero notified the protesters that internal union charges had been filed against them and that a hearing would be held on November 13, 1996.
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, the Election Officer does not find that Mr. DiDonato’s filing of an election protest against Mr. Jones was the motivating factor for Mr. Zero’s notice to the protesters on October 15, 1996 indicating that internal union charges had been filed against them. The evidence indicates that although the protesters were notified of the internal union charges by Mr. Zero’s letter of October 15, 1996, the charges were actually filed on September 18, 1996, three weeks before Mr. DiDonato filed the protest against Mr. Jones. Subsequent to the filing of charges, Mr. Zero took the steps required for a disciplinary procedure, including the sending of the notice letter.
Anthony DiDonato & Dane Passo
December 3, 1996
Page 1
Thus, the Election Officer concludes that the coinciding of these two events, the election protest filed on October 13, 1996 against Mr. Jones and Mr. Zero’s notice to the protesters dated October 15, 1996 regarding internal union charges filed against the protester, is unrelated and does not provide any inference of retaliatory intent on Mr. Zero’s part.
Based upon the evidence provided, the Election Officer finds that Mr. Zero did not violate Article VIII, Section 11(f) of 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:
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
Julie E. Hamos, Regional Coordinator
Judith E. Kuhn, Regional Coordinator