Protest Decisions

November 21, 1996

VIA UPS OVERNIGHT

Clifford Chentnik

November 21, 1996

Page 1

Clifford Chentnik

N3066 Apricot Road

Lake Geneva, WI  53147

Brad Stinson

3021 Breezeway Drive

Rockford, IL  61109

Albert “Bruce” Coleman

3123 Coleman Avenue

Rockford, IL  61101

Rick Clingenpeel

5951 Bow Trail

Rockford, IL  61109

Edward Sherman, Secretary-Treasurer

Teamsters Local Union 325

5533 Eleventh Street

Rockford, IL  61109

Richard Brook

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

Clifford Chentnik

November 21, 1996

Page 1

Re:  Election Office Case No. P-1237-LU325-CHI

Gentlemen:

Clifford Chentnik, a member of Local Union 325, 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”) alleging that Local Union 325 Steward Brad Stinson attempted to coerce Local Union 325 member Albert “Bruce” Coleman into voting for James P. Hoffa in the International officer election.  Mr. Chentnik also alleges that a group of Hoffa supporters have engaged in “a continuing and regular campaign of harassment against supporters of

Ron Carey” at the Rockford, Illinois facility of USF Holland, where Messrs. Coleman and Stinson work.

This protest was investigated by Regional Coordinator Julie E. Hamos.

Clifford Chentnik

November 21, 1996

Page 1

1.  Allegation of Voter Interference

On October 15, 1996, Mr. Coleman received a traffic ticket for a moving violation in his personal vehicle.  The next day, he talked to Mr. Stinson about how to get a day off to go to court without the employer knowing that he got a moving violation.  Mr. Coleman states that

Mr. Stinson said not to worry, that his brother-in-law is the prosecuting attorney, and that he would get his brother-in-law to assist Mr. Coleman.

Mr. Coleman asked Mr. Stinson about the situation a week later.  According to

Mr. Coleman, Mr. Stinson said that his brother-in-law has not been in the office, due to complications with his wife’s pregnancy.  Mr. Coleman further alleges that Mr. Stinson said, “Give me your name and phone number, and I’ll have him call you.”  Mr. Coleman did not receive a call and talked to Mr. Stinson again about 10 days later.  At that time, Mr. Stinson said that he had lost Mr. Coleman’s information, asked for it again, and said that he would talk to his brother-in-law.

Three days before his court date, Mr. Coleman was working with Mr. Stinson and another member, Rick Clingenpeel.  Mr. Coleman states, and Mr. Clingenpeel later confirmed with the Regional Coordinator, that Mr. Stinson had helped with a ticket received by Mr. Clingenpeel’s son.  Mr. Coleman asked Mr. Stinson what he should do, and he states that Mr. Stinson responded, “My brother-in-law says if you don’t vote for Hoffa, he will not fix your ticket.” 

Mr. Coleman states that he walked away without saying anything.

The Election Officer finds that Mr. Stinson is in a position of authority at the workplace and the local union.  He is an elected steward.  His father is a local union business agent.

During the investigation of this aspect of Mr. Chentnik’s protest, the Regional Coordinator interviewed Messrs. Clingenpeel and Stinson separately on November 19 at the Local Union 325 office.  As noted above, Mr. Clingenpeel admitted that Mr. Stinson had helped with a ticket received by his son.  He also admitted knowing Mr. Coleman, but denied hearing any conversation between Mr. Coleman and Mr. Stinson.

Mr. Stinson stated that his brother-in-law had helped Mr. Clingenpeel while in private practice.  He states that he only spoke to Mr. Coleman once, when Mr. Coleman asked for his advice about finding a lawyer, and that he gave Mr. Coleman his brother-in-law’s telephone number to get information.  With respect to the information that Mr. Coleman had about the pregnancy of the wife of Mr. Stinson’s brother-in-law, Mr. Stinson admits that it was true.  He denies that he stated to Mr. Coleman that he would have to vote for Mr. Hoffa in order to get help with his ticket.

Clifford Chentnik

November 21, 1996

Page 1

On the evening following the Regional Coordinator’s interviews with Messrs. Clingenpeel and Stinson, Mr. Coleman alleges that Mr. Clingenpeel telephoned him at 4:56 p.m.[1]  Mr. Coleman’s wife listened to the conversation on an extension and corroborates the following account.  According to Mr. Coleman, Mr. Clingenpeel stated that the Regional Coordinator had talked to him that day about a matter involving Mr. Stinson, and Mr. Clingenpeel asked

Mr. Coleman what it was about.  Mr. Coleman responded by stating that he must know himself, if he talked with the Regional Coordinator, and what did he think it was about?  After several exchanges, Mr. Clingenpeel stated that he understood the situation to involve a charge that

Mr. Stinson attempted to trade help on a traffic ticket with support for Mr. Hoffa.  Mr. Coleman alleges that Mr. Clingenpeel then said, “You’re a rat for turning in a brother.  You should just drop it.”  Mr. Coleman states that he responded that he had not talked to management but was trying to enforce the Rules, to which Mr. Clingenpeel said, “You should just drop it.  Brad [Stinson] told me you have been screwing up at work.  You are skating on thin ice with the boss.  I can’t understand why you’d do this to Brad.  He saved your job.”  At the end of the conversa-tion, Mr. Coleman alleges that Mr. Clingenpeel said, “We’re going to get someone to take care of you.  It won’t be me or anyone from our local union.  It will be someone from outside of here.”

Finally, Mr. Coleman states that Mr. Clingenpeel stated that “Brad will be real pissed when he hears about this,” to which Mr. Coleman asked, “You mean he doesn’t know?” 

Mr. Clingenpeel stated that Mr. Stinson did not.

Mr. Coleman further alleges that on the morning of November 21, Mr. Clingenpeel had attached a large cardboard sign to the back of his forklift, which was visible as Mr. Clingenpeel drove around the dock.  The sign showed a picture of a windshield and was lettered, “Sometimes you’re the windshield.  Sometimes you’re the bug.  It’s you choice Bruce [Coleman].”

Interference with a member’s independent right to determine how to vote in the

International officer election is one of the most rigorously protected rights under the Rules.  The protection against interference and a prescription of penalties is set forth in Article V,

Section 12.[2]  Furthermore, Article V, Section 2 requires publication of this protection in explicit terms.  Thus, the Election Officer caused the following notice to be printed in English and

Clifford Chentnik

November 21, 1996

Page 1

Spanish in recent issues of The Teamster and in English and French in a recent issue of Teamsters Canada:

No person or entity shall limit or interfere with the right of each IBT member to independently determine how to cast his or her vote and to cast and mail the ballot himself or herself.  The Election Officer shall not hesitate to impose the most severe sanctions for violation of the prohibition against solicitation of a member’s ballot by any other Union member, officer, business agent, steward or other person, including, but not limited to, referring the matter to the United States Attorney for the Southern District of New York for the institution of contempt proceedings and, where appropriate, disqualifying the candidate on whose behalf ballots were solicited.  In addition, violation of this prohibition may subject the violator to criminal prosecution under all applicable provisions of the United States Code, including, but not limited to, 18 U.S.C., Sections 241, 1503, and 1509.

(Emphasis in original).

On this record, the Election Officer credits the testimony of Mr. Coleman.  His knowledge of certain facts allegedly learned in conversations with Mr. Stinson and

Mr. Clingenpeel, and later admitted by them, indicates that the conversations took place.[3] 

Mr. Coleman’s wife witnessed the telephone call from Mr. Clingenpeel.  The Election Officer’s evaluation of Mr. Coleman’s demeanor indicates that he is a credible witness, and the Election Officer so finds.

With respect to Mr. Stinson, the Election Officer finds that his demeanor was defensive and evasive.  With respect to Mr. Clingenpeel, the Regional Coordinator states, and the Election Officer so finds, that the Regional Coordinator did not mention Mr. Hoffa when she interviewed Mr. Clingenpeel.  Therefore, Mr. Clingenpeel’s statement to Mr. Coleman that the Regional Coordinator talked to him about a matter involving a Hoffa vote was incorrect and indicative of having spoken with Mr. Stinson about the investigation.  The Election Officer finds that

Mr. Clingenpeel talked with Mr. Stinson before calling and threatening Mr. Coleman.

Accordingly, the Election Officer finds that Mr. Stinson attempted to coerce and interfere with Mr. Coleman’s “right to independently determine how to cast his . . . vote,” guaranteed by Article V, Section 12 of the Rules.

Clifford Chentnik

November 21, 1996

Page 1

Such interference is a very serious violation of the Rules.  During the investigation of this protest, Local Union 325 was directed by the Election Officer to post a notice at USF Holland’s Rockford facility informing members that such interference violates the Rules and will not be tolerated.

With respect to the threats made against Mr. Coleman, the Election Officer finds that

Mr. Clingenpeel compounded Mr. Stinson’s violation of Article V, Section 12 and also violated Article VIII, Section 11(f):

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.

Mr. Chentnik’s right to file this protest is absolutely protected by Article XIV, Section 1.[4]  The Election Officer’s right to obtain Mr. Coleman’s testimony in the course an investigation may not be interfered with.  The Election Officer finds that Mr. Clingenpeel attempted to tamper with the Election Officer’s investigation and threatened Mr. Coleman on two occasions with actual harm.  See Passo, P-469-LU705-CHI et seq. (February 29, 1996) (finding intent to provoke physical confrontation violates Rules), aff’d in relevant part, 96 - Elec. App. - 124 (KC) (March 13, 1996); Lopez, P-456-LU743-CHI (April 10, 1996) (finding “I’ll kill you” to violate the Rules, in light of ongoing animosity between the parties); Smith, P-600-LU150-CSF (April 30, 1996) (finding remark “you’ll be taken out of here in a body bag” to violate the Rules); Cecere, P-935-LU122-ENG (October 23, 1996) (charged party violated the Rules by driving his car at campaigners).

The Election Officer will not tolerate threats of violence or harm to anyone for speaking with an Election Officer investigator.  The whole purpose of the Consent Decree is to end these very type of threats and intimidation against IBT members.  Accordingly, the Election Officer will refer the matter of Mr. Clingenpeel’s tampering to the U.S. Attorney for the Southern District of New York for further investigation.

2.  Allegation of Harassment at USF Holland’s Rockford facility

Mr. Chentnik further alleges that Mr. Stinson and a group of vocal supporters of

Mr. Hoffa have engaged in “campaign of harassment” at USF Holland’s Rockford facility. 

Mr. Chentnik provided member Troy Lundin as a witness, who recounted an incident in which Mr. Stinson and four others kicked open the door of the breakroom and shouted, “The Hoffa boys are here.”  Mr. Lundin states that they appeared intoxicated and rowdy, and that they proceeded to distribute Hoffa campaign buttons and stickers.  He further alleges that one person

Clifford Chentnik

November 21, 1996

Page 1

told him to take off his Carey hat and put on a Hoffa button and to “Take your head out of your ass.”  He states that he walked away and, as he approached the door, someone cornered him and tried to get him to vote for Mr. Hoffa.  Mr. Lundin also stated, however, that Mr. Stinson and his companions made no physical threats and were not intimidating.

Another witness, member Terry Randall, also stated that Mr. Stinson and his companions have not been threatening or intimidating.

With respect to Mr. Chentnik’s allegation of general harassment, the Election Officer finds insufficient evidence on this record that Mr. Stinson or his unnamed companions have engaged in activity that violates the Rules.

Accordingly, the protest is GRANTED as to the threats and interference 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 orders the following:

1.  The Election Officer will refer this matter to the U.S. Attorney for the Southern District of New York for appropriate further investigation and action.

2.  Mr. Stinson and Mr. Clingenpeel shall immediately cease and desist from interfering with the right of any member to participate independently in the International election.  They shall also cease and desist from retaliating against any member for exercising rights protected by the Rules, including the giving of testimony to the Election Officer in the course of an investigation.

3.  Mr. Stinson and Mr. Clingenpeel shall immediately execute the attached notice, and Local Union 325 shall, within two (2) days of the date of this decision, post the notice on all local union bulletin boards at USF Holland’s Rockford, Illinois facility.  Within two (2) days of completing the posting, Local Union 325 shall file an affidavit with the Election Officer demonstrating compliance with this order.

4.  Local Union 325 shall immediately post the attached “Notice to Local Union 325 Members” on all union bulletin boards at USF Holland’s facility in Rockford, Illinois.

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).

Clifford Chentnik

November 21, 1996

Page 1

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

Karen Konigsberg, Assistant U.S. Attorney

Julie E. Hamos, Regional Coordinator             

NOTICE TO LOCAL UNION 325 MEMBERS

The Election Officer has found that I, Brad Stinson, attempted to interfere with the right of another member to independently determine how to cast his vote in the International officer election.  Such interference violated the Election Rules.

I will immediately cease any attempts at such interference with any member.

The Election Officer has found that I, Rick Clingenpeel, retaliated against a member and threatened that member with physical harm for giving a statement to the IBT Election Officer during the investigation of a protest filed by another member.  That retaliation violated the Election Rules.

I will immediately cease any attempts at retaliation against any member.

____________________                                          ______________________________

Date                                                                                                  Brad Stinson

Steward

____________________                                          ______________________________

Date                                                                                                  Rick Clingenpeel

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.

NOTICE TO LOCAL UNION 325 MEMBERS EMPLOYED AT USF HOLLAND

You have the right to participate in campaign activities on behalf of any candidate for International office.  It is a violation of the Election Rules for any IBT member to threaten, coerce, intimidate, or harass a member because he or she exercises rights guaranteed under the Election Rules.   

Any member believing the Election Rules have been violated may file a protest with the Election Officer at 400 N. Capitol Street, N.W., Suite 855, Washington, D.C. 20001; telephone (800) 565-VOTE or (202) 624-3500; facsimile (202) 624-3525.

_____________________                                          _____________________________

Date                                                                                                  Barbara Zack Quindel

Election Officer

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.