November 20, 1996
VIA UPS OVERNIGHT
Tom Feeley
November 20, 1996
Page 1
Tom Feeley
34-21 Review Avenue
Long Island City, NY 11101
Mike Cherry
Airborne Express
475 Doughty Boulevard
Inwood, NY 11096
Joe Chusett
Airborne Express
475 Doughty Boulevard
Inwood, NY 11096
William Boe, Director of Labor Relations
Airborne Express
3101 Western Avenue
Seattle, WA 98121
Vincent Bruno
2997 Millburn Avenue
Baldwin, NY 11510
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
Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond,
Ferrara & Feldman
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334
Tom Feeley
November 20, 1996
Page 1
Re: Election Office Case No. P-1192-LU804-NYC
(WITH CORRECTED NOTICE)
Gentlemen:
Tom Feeley
November 20, 1996
Page 1
Tom Feeley, a member of Local Union 804, 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”) against Airborne Express (“Airborne”) in Inwood, New York, Airborne Field Service Manager Mike Cherry, Airborne Manager Joe Chusett, James P. Hoffa, a candidate for general president, and the Hoffa campaign. The protester alleges that while campaigning at the Airborne facility, the protester and other IBT members saw at least 30 employer trucks with campaign banners and posters supporting Mr. Hoffa affixed to them. The protester further contends that when advised that the material violated the Rules,
Messrs. Cherry and Chusett refused to take any action.
Airborne managers state that the material was not affixed to its vehicles. Mr. Cherry states that the drivers were told that they are not permitted to display campaign literature on company vehicles.
The Hoffa campaign responds that it has no knowledge of the alleged incident.
This protest was investigated by New York City Protest Coordinator Barbara C. Deinhardt.
On November 5, 1996, Mr. Feeley and other IBT members went to the Airborne facility in Inwood to campaign for the Carey campaign. The campaigners first put leaflets on the cars in the employee parking lot. Mr. Feeley then observed Vincent Bruno, a shop steward at the Inwood facility, handing Hoffa campaign literature to Airborne drivers.
Mr. Bruno and the Airborne drivers were all on work time.[1] When these drivers exited the facility in Airborne trucks, about 15 of the drivers held the Hoffa literature up to the windshield or side window of the Airborne vehicle; some pointing their fingers at it and honking their horns while driving past the campaigners for the Carey slate. Mr. Feeley states that he told Mr. Cherry that this was an improper use of employer vehicles. He states that Mr. Cherry responded, “I made a call already.”
Mr. Cherry states that after Mr. Feeley spoke with him, he investigated the situation. By the time he reported back to Mr. Feeley, most of the drivers had already left the facility. Mr. Cherry states he told the remaining drivers not to post any literature on the Airborne vehicles.
Mr. Bruno admits that when he saw the Carey campaigners, he handed the drivers Hoffa campaign literature on working time and instructed them to hold it in their hands as they exited the facility. Mr. Bruno also admits that the drivers were on working time. The supervisors deny seeing Mr. Bruno hand out the literature.
Article VIII, Section 11(a) of the Rules provides all union members with the right to participate in campaign activities, including the right to support or oppose any candidate. That section is clear, however, in its prohibition that “[n]o candidate or member may campaign during his/her working hours.” Here, Mr. Bruno admits that he passed out Hoffa campaign literature to employees on work time while he was on work time. These actions violated Article VIII, Section 11(a) of the Rules.
Tom Feeley
November 20, 1996
Page 1
As to Airborne, the Election Officer finds that Airborne did not know of Mr. Bruno’s activities. When it learned that its drivers were campaigning on work time, Mr. Cherry took action to stop these activities. Moreover, the Election Officer finds that the drivers did not affix campaign literature to employer vehicles. It is not an improper campaign contribution by the employer in the circumstances presented here where members held up literature to the windows of each vehicle for a brief duration and nothing was affixed to the vehicles.
There is no evidence that the Hoffa campaign was involved in these incidents.
Accordingly, the protest is GRANTED as to campaigning on work time and DENIED in all other respects.
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 views the nature and seriousness of the violation, as well as its potential for interfering with the election process.
The Election Officer directs Vincent Bruno to take the following actions:
1. Immediately cease and desist from campaigning on work time and/or encouraging employees at the Airborne facility to campaign on work time.
2. Within one (1) day of the date of this decision, post the attached “Notice to Members of Local Union 851” on all bulletin boards at Airborne’s Inwood facility. This notice shall remain posted through December 10, 1996. Within three (3) days of the date of this decision, Mr. Bruno shall file an affidavit with the Election Officer detailing his compliance with this order.
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
Tom Feeley
November 20, 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
Barbara C. Deinhardt, New York City Protest Coordinator
NOTICE TO LOCAL UNION 295 MEMBERS
The Election Officer has found that by passing out campaign literature in support of a candidate for International office while on work time to employees on work time, I have violated the Election Rules.
No member may campaign during his/her working hours. I have been ordered to cease and desist from this conduct.
____________________ __________________________
Date Vincent Bruno
Steward
This is an official notice which must remain posted through December 10, 1996 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.
[1]Mr. Feeley also states that he observed Irene Benedetto passing out campaign literature. This is disputed by other witnesses, Mr. Bruno and Ms. Benedetto. The Election Officer finds only Mr. Bruno was passing out the literature.