November 27, 1996
VIA UPS OVERNIGHT
Leo Lester et al.
November 27, 1996
Page 1
Leo Lester
592 Central Avenue, 1st Floor
Albany, NY 12206
Donald Mariani
11 Jackson Court
Guilderland, NY 12084
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
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
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334
Leo Lester et al.
November 27, 1996
Page 1
Re: Election Office Case Nos. P-1217-LU669-PGH
P-1218-LU294-PGH
P-1219-LU669-PGH
Gentlemen:
Pre-election protests were filed pursuant to Article XIV, Section 2(b) of the Rules
for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by
Leo Lester, a retiree from Local Union 669, Donald Mariani, a retiree from Local Union 294, and James P. Hoffa, a member of Local Union 614 and a candidate for general president.[1] In P-1217-LU669-PGH, Mr. Lester alleges that he received an anonymous threat via telephone because of his support for Mr. Hoffa, in violation of the Rules. In P-1219-LU669-PGH,
Leo Lester et al.
November 27, 1996
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Mr. Hoffa also protests the threatening call received by Mr. Lester. In P-1218-LU294-PGH, Messrs. Lester and Mariani allege that they were threatened by an unnamed individual because of their support for Mr. Hoffa. In that protest, they also allege that members at a union work site improperly campaign for Ron Carey, incumbent general president and a candidate for reelection, by displaying signs in support of Mr. Carey’s candidacy on their personal vehicles parked during work hours in the employer’s employee parking lot.
Regional Coordinator William B. Kane investigated the protest.
1. Threatening Phone Call
Messrs. Lester and Hoffa protest Mr. Lester’s receipt of an allegedly threatening
phone call wherein the caller states that he will harm Mr. Lester because of his support for Mr. Hoffa’s candidacy. Mr. Lester states that the caller, whom he cannot identify, left an obscene and threatening message on his answering machine. During the investigation,
Mr. Lester stated that he would provide the tape of the threatening message to the investigator. To date, he has not done so. In addition, neither Mr. Lester nor Mr. Hoffa has any evidence as to the identity of the caller. As a result, without some indication of its origin, there is insufficient evidence to determine a violation of the Rules.
2. Allegation of Threatening Incident
Mr. Mariani states that he and Mr. Lester were in his vehicle, driving slowly to see if campaign material had been removed from signs and utility poles, when they were almost struck by a vehicle that drove very close to theirs at a high speed. According to Mr. Mariani, he and Mr. Lester then exited his vehicle and were confronted by a Teamster member they
had seen at meetings, but whose name they did not know. The individual then threatened Messrs. Mariani and Lester. Mr. Mariani got behind the wheel of his car. Mr. Lester, attempting to avoid the threatening individual, also got in the car. Mr. Mariani states that the man chasing Mr. Lester tried to get into the vehicle with them, so Mr. Mariani drove off. He states that, while the exit to the lot in which the incident took place was not obstructed, he “spun around the lot a few times” because the ground was “wet and muddy.” While they were spinning around the lot, the man who had confronted them yelled that he was going to call the police because they were trying to run him down. Messrs. Mariani and Lester then left the scene and decided to go to the police station to file charges of their own.
The investigation revealed the individual to be David Chittenden, a member of Local Union 294. Mr. Chittenden is a Carey supporter who has put campaign-related bumper stickers on road signs and utility poles. According to Mr. Chittenden, many of these stickers have been defaced with spray paint. Mr. Chittenden states that on November 9, 1996, as he was driving, he witnessed two individuals, later identified to him as Messrs. Mariani and Lester, defacing pro-Carey stickers with spray paint. He then stopped his vehicle and confronted the individuals.
Leo Lester et al.
November 27, 1996
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According to Mr. Chittenden, a heated verbal exchange took place in which one of the protesters threw a paint can at Mr. Chittenden and Mr. Chittenden threw a half-full cup of coffee back. The other individual then picked up the can and acted as if he would throw it, so
Mr. Chittenden verbally warned him not to throw the can. By this time, one of the individuals confronted by Mr. Chittenden was in the car. The other man then got in the car. The driver started the vehicle and then, according to Mr. Chittenden, tried several times to run him down. Mr. Chittenden successfully avoided the vehicle until it drove off.
Mr. Chittenden then called the police to report the attempted assault. He was told by the officer on the scene to go to the police station if he wished to file charges. When he arrived at the station, Messrs. Mariani and Lester were already there, threatening to file charges against him. Both Messrs. Chittenden and Mariani state that the police representative convinced them not to file charges.
The Election Officer finds Mr. Mariani’s account of the confrontation to lack credibility. When first speaking to the investigator, Mr. Mariani stated that only Mr. Lester exited the vehicle. Later in the investigation, Mr. Mariani stated that both men left the vehicle. Mr. Mariani offers no suggestion as to why the incident occurred since he claims that he and Mr. Lester were sitting in a car simply looking at signs when Mr. Chittenden drove up, leapt out of his vehicle and threatened them. Finally, the Election Officer does not accept Mr. Mariani’s assertion that, in his haste to escape from Mr. Chittenden, who was on foot, he, in his vehicle, spun around the lot “a few times.”
The Election Officer determines that an altercation did occur in which both sides
made threatening actions. While the Election Officer cannot determine from the evidence
the exact sequence of events, it seems clear that Mr. Chittenden objected to actions by
Messrs. Mariani and Lester and confronted them. While leaving the scene, Mr. Mariani threatened Mr. Chittenden with his car.
Article VIII, Section 11(f) of the Rules provides as follows:
Retaliation or threat of retaliation by the International Union, any subordinate body, any member of the IBT, any employer or other person or entity against a Union member, officer or employee for exercising any right guaranteed by this or any other Article of the Rules is prohibited.
This section is violated when members engage in physically or verbally aggressive behavior that threatens actual harm. Passo, P-469-LU705-CHI et seq. (February 29, 1996) (finding intent to provoke physical confrontation violates Rules), aff’d in relevant part,
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November 27, 1996
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96 - Elec. App. - 124 (KC) (March 13, 1996); Lopez, P-456-LU743-CHI (April 10, 1996) (finding “I’ll kill you” to violate Rules in light of ongoing animosity between parties); Cecere, P-935-LU122-ENG (October 23, 1996) (charged party violated the Rules by driving his car at campaigners). The Election Officer finds that following a heated exchange of words, it was Mr. Mariani who attempted to physically threaten Mr. Chittenden, instead of the events as alleged in the protest.
3. Display of Campaign Materials
Messrs. Lester and Mariani assert that the display of campaign material on members’ personal vehicles parked in an employer parking lot amounts to campaigning on work time. While members may not personally campaign while on employer time, the vehicles they own and use may contain or display campaign material.
Accordingly, 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, D.C. 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
William B. Kane, Regional Coordinator
[1]The Election Officer would not normally entertain the protests filed by Messrs. Lester and Mariani, due to their retired status. See Branch et al., CONV-22-IBT et seq. (July 18, 1996). Given the nature of the protested conduct, however, the Election Officer chose to investigate and determine the allegations of retaliation as those issues could affect other IBT members who do have rights under the Rules.