January 7, 1997
VIA UPS OVERNIGHT
John Metz
January 7, 1997
Page 1
John Metz, Trustee
Teamsters Local Union 714
6815 W. Roosevelt Road
Berwyn, IL 60402
Barbara J. Hillman
Cornfield & Feldman
343 S. Dearborn Street, 13th Floor
Chicago, IL 60604
Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond,
Ferrara & Feldman
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334
John Metz
January 7, 1997
Page 1
Re: Election Office Case No. P-1244-LU714-CHI
Gentlepersons:
John Metz, trustee of Local Union 714, 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 “improper intimidation and electioneering by the Hoffa campaign.” Specifically, he states that on November 12 and 13, 1996, the offices of Local
Union 714 in Berwyn, Illinois, were spray-painted and chalked with general president candidate James P. Hoffa’s name, pro-Hoffa slogans, and an oversized stencil of a sample ballot marked for Mr. Hoffa. The offices were also defaced with “defamatory and threatening statements about Mr. Metz, International Representatives assigned to help Mr. Metz, and their spouses and families.” He also states that the building was affixed with numerous campaign stickers.
The Hoffa campaign responds that it spoke with or addressed approximately 100 Hoffa volunteers in the Chicago area, in groups and individually, and that it was unable to discover any information about the incidents. Hoffa campaign representative Dane Passo states that he has “instructed our people to stay away from that building, that we do not encourage this kind of behavior.” Mr. Passo stated that the Hoffa campaign workers he interviewed stated that the Carey people probably did this themselves.
John Metz
January 7, 1997
Page 1
This protest was investigated by Regional Coordinator Julie E. Hamos.
Mr. Metz submitted nine photographs of the exterior of Local Union 714’s offices, which he states were taken on November 12 and 13, 1996. Seven of the photographs show the street side of the offices, located at 6815 W. Roosevelt Road, Berwyn, Illinois. Two of the photo-graphs show a garage entrance.
The photographs of the street side of the building show large white letters chalked on either side of the door. The largest spell “HOFFA” on the left side of the door and “FUCK YOU METZ” on the right side.[1] Other chalked phrases on either side of the door make vulgar comments about family members of persons involved in the trusteeship of the local union. The door itself has been affixed with four vertical “Hoffa” campaign stickers and numerous smaller stickers.
The photographs of the garage entrance show “HOFFA 96” sprayed in blue paint of the left side of the garage door and “IS A CUNT” spray-painted on the right. Also spray-painted twice on the door is a large, stenciled sample ballot that reads “TEAMSTERS VOTE
HOFFA ‘96,” with a checked box in front of Mr. Hoffa’s name. Twelve “Hoffa ‘96” bumper stickers are also affixed to the garage door.
The police were called to investigate. According to their report, which was furnished to the Election Officer, they were unable to identify who was responsible for the vandalism. As noted above, the Hoffa campaign states that it has conducted an investigation of the vandalism and was unable to discover any information as to the perpetrators of these acts of vandalism.
The defacement of Local Union 714’s offices, as well as other acts of election-related vandalism at other local union offices and campaign offices, violate the Rules and have no part in the “fair, honest, open and informed elections” under the Election Officer’s supervision. See Article I of the Rules; Willett, P-863-LU331-PNJ (August 16, 1996) (local union hall defaced with stickers); Buck, P-1039-LU745-SOU (November 4, 1996) (local union hall defaced with stickers, fish guts and garbage; bathrooms vandalized), aff’d, 96 - Elec. App. - 272 (KC) (November 14, 1996); Hoffa, P-1076-JHS-NYC/CHI (October 29, 1996) (sewer cover thrown through glass door of campaign office); Hoffa, P-1114-LU676-PNJ (November 5, 1996) (campaign office defaced with stickers and flag stolen); LaBarbera, P-1142-LU282-NYC et seq. (November 13, 1996) (local union halls defaced with stickers); Smith, P-1195-LU115-PNJ et seq. (November 21, 1996) (local union hall defaced with stickers); Hoffa, P-1203-LU107-PNJ (November 20, 1996) (local union hall defaced with stickers).
John Metz
January 7, 1997
Page 1
Unfortunately, the Election Officer must often deny protests over such vandalism due to the lack of evidence as to the persons committing it. In this matter, the Election Officer noted that the over-sized stencil used in the vandalism of Local Union 714’s offices appeared to be professionally produced. Therefore, the Election Officer made special inquiry of the Hoffa campaign as to its possession of such a stencil and who might have access to it. The Hoffa campaign denied possessing such of knowing of any stencil.
In view of the lack of evidence as to the identity of the person or persons committing the vandalism at Local Union 714’s offices, 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
[1]Mr. Metz is trustee for Local Union 714, appointed by the IBT following an investigation and recommendation by the Independent Review Board.