November 13, 1996
VIA UPS OVERNIGHT
Gary LaBarbera & Tony Magrene
November 13, 1996
Page 1
Gary LaBarbera, Trustee
Teamsters Local Union 282
2500 Marcus Avenue
Lake Success, NY 11042
Tony Magrene
Teamsters Local Union 804
34-21 Review Avenue
Long Island City, NY 11101
Ron Carey, President
Teamsters Local Union 804
34-21 Review Avenue
Long Island City, NY 11101
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Ron Carey Campaign
c/o Nathaniel Charny
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
James P. Hoffa Campaign
c/o Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond,
Ferrara & Feldman, P.C.
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334
Gary LaBarbera & Tony Magrene
November 13, 1996
Page 1
Re: Election Office Case Nos. P-1142-LU282-NYC
P-1170-LU804-NYC
Gentlemen:
Gary LaBarbera, a member of Local Union 282, and Tony Magrene, a member of Local Union 804, filed pre-election protests pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”). Both protesters allege that stickers and posters supporting the campaign of James P. Hoffa were affixed to their respective union halls, in violation of the Rules. Because these protests involve similar allegations and parties, they were consolidated for decision by the Election Officer.
The Hoffa campaign responds that it has no knowledge of or involvement in either incident.
Gary LaBarbera & Tony Magrene
November 13, 1996
Page 1
This protest was investigated by New York City Protest Coordinator Barbara C. Deinhardt.
The investigation revealed that in both cases the exterior walls, windows, and doors of the two union halls were covered with Hoffa stickers and posters. In P-1142-LU282-NYC, Mr. LaBarbera states that when he arrived for a scheduled membership meeting at Local Union 282 on October 20, he discovered six Hoffa posters and four Hoffa stickers taped or stuck to the windows and doors of the local union hall. In P-1170-LU804-NYC, Mr. Magrene discovered, on the morning of October 31, 1996, more than 20 Hoffa/Hogan stickers were affixed to the walls and windows of Local Union 804’s union hall.
Three photographs submitted to support Mr. Magrene’s protest show that among the items affixed to Local Union 804’s building was a sticker displaying a handprint above the words, “ROOM ON FIRE.” The protester originally alleged that the hand print on the latter sticker appeared to have blood dripping from it. The placement of this “bloody black hand” was interpreted by the protester to be a form of threat and intimidation. An examination of the submitted photographs does not reveal any type of blood dripping from the handprint.
Neither protester could provide evidence of who was responsible for affixing the stickers and posters. Mr. LaBarbera notes that a Hoffa rally was held not far from the local union hall the day prior to his discovering the vandalism, but he has no direct evidence linking the two events. In both cases the stickers and posters were promptly removed by maintenance personnel.
The Hoffa campaign’s own questioning of volunteer staff provided no information as to who might be responsible for the two incidents. Since learning of the protests the campaign has issued a memorandum currently posted at the Hoffa campaign headquarters in New York, where copies are available to all staff and volunteers. The memorandum from Mr. Hoffa makes clear that activity, such as the “plastering” of the union halls of Local Unions 282 and 804, is neither condoned nor encouraged by the campaign and asks that anyone having any information concerning the identity of the perpetrators contact the headquarters or the Election Officer. It further states, “Please make sure that all of our volunteers and supporters in the New York area are made aware of our position on this.”
The Election Officer finds that the affixing of the stickers and posters in both cases constituted vandalism. The Election Officer addressed the affixing of campaign stickers to the exterior of a local union hall in Willett, P-863-LU331-PNJ (August 16, 1996). The Election Officer characterized such behavior as vandalism and a violation of the Rules:
Gary LaBarbera & Tony Magrene
November 13, 1996
Page 1
Article VIII, Section 11(a) protects the right of members “to support or oppose any candidate” of their choice. It also protects the right of members not to be involved in union politics if that is their decision. Using the [hall] to display one side’s campaign materials interfered with the Section 11(a) rights of all members of that local union who disagreed or wished to remain uninvolved. Using the hall for a campaign display also violated the prohibition in Article VIII, Section 11(c): “Union . . . facilities . . . may not be used to assist in campaigning . . .”
As was the case in Willett, there is no evidence as to the identity of the person or persons who put up the stickers at the two local union halls. Accordingly, the Election Officer is unable to attribute the two incidents of vandalism at the Local Union 282 and Local
Union 804 union halls to any specific person or persons.
For this reason, the protests are 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
Barbara C. Deinhardt, New York City Protest Coordinator