November 25, 1996
VIA UPS OVERNIGHT
Rebecca Clemerson
November 25, 1996
Page 1
Rebecca Clemerson
9105 Fairridge Drive
Louisville, KY 40229
Ron Carey Campaign
c/o Nathaniel K. Charny
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
Jerry T. Vincent, Secretary-Treasurer
Teamsters Local Union 783
7711 Beulah Church Road
Louisville, KY 40228
Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond,
Ferrara & Feldman
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334
Rebecca Clemerson
November 25, 1996
Page 1
Re: Election Office Case No. P-1263-LU783-SCE
Gentlepersons:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules
for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by Rebecca Clemerson, a member of Local Union 783. Ms. Clemerson alleges that an unidentified person(s) shot out the windows of two parked cars belonging to supporters of Ron Carey, a candidate for general president, while they campaigned at President’s Baking Company (“President’s”). Ms. Clemerson also alleges that campaign signs were stolen from a third vehicle.
This protest was investigated by Adjunct Regional Coordinator Joe F. Childers.
The facts are not in dispute. On November 8, 1996, between the hours of 9:30 and
10:30 p.m., several Carey supporters, including Ms. Clemerson, campaigned at President’s.
The campaigners arrived in vehicles which were parked near the outer gate of the company’s premises on Ralph Avenue. At some point between these hours, an unknown individual fired a gun at the vehicles belonging to Local Union 783 member Kevin Lally and Local Union 89 member Dave Swift. Campaign signs from a car belonging to Local Union 89 member
Rebecca Clemerson
November 25, 1996
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Tim Thompson were also stolen. The vehicles were not in sight of the campaigners at that time. Subsequently, a report was filed with the City of Shively Police Department. According to police, however, there are no suspects in the shooting or theft.
Article VIII, Section 11(f) of the Rules provides:
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.
Article VIII, Section 11(f) of the Rules is violated when members engage in physically
or verbally aggressive behavior that threatens actual harm. Cecere, P-935-LU122-ENG
(October 23, 1996) (driving car at campaigners and swerving before hitting them); Passo,
P-469-LU705-CHI et seq. (February 29, 1996) (intentionally provoking physical confrontation), aff’d in relevant part, 96 - Elec. App. - 124 (KC) (March 13, 1996); Lopez, P-456-LU743-CHI (April 10, 1996) (saying “I’ll kill you” where ongoing animosity existed between parties); Smith, P-600-LU150-CSF (April 30, 1996) (saying “you’ll be taken out of here in a body bag”); Kelly, P-600-LU705-CHI et seq. (March 27, 1991) (aggressive threat to “kick their ass” made in menacing manner).
“The Election Officer abhors and will not condone violence in connection with the election process.” Passo. Such violence is antithetic to the Rules and the Consent Decree. In Passo, the Election Officer also stated:
Violence . . . has absolutely no place in the conduct of fair, honest and open elections pursuant to the Election Rules . . . [V]iolent conduct can reasonably be expected to influence the election process by discouraging campaign activity by union members. Such conduct is “chilling,” violative of the Rules and cannot be tolerated.
Thus, the Rules were violated, and Ms. Clemerson’s protest is GRANTED.
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’s investigation did not reveal the identity of the person(s) who shot at the vehicles and stole the signs. Nevertheless, due to the seriousness of the incident, the Election Officer orders the following:
Rebecca Clemerson
November 25, 1996
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Within 24 hours of receipt of this decision, Local Union 783 shall post the attached “Notice to Local Union 783 Members Employed at President’s Baking Company” on all local union bulletin boards located at President’s Baking Company. Within two (2) days of the date of this decision, the local union shall file an affidavit with the Election Officer verifying 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
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
Joe F. Childers, Adjunct Regional Coordinator
NOTICE TO ALL LOCAL UNION 783 MEMBERS EMPLOYED AT PRESIDENT’S BAKING COMPANY
You have the right to participate in campaign activities on behalf of candidates for International office. You have the right to run for office, to openly support or oppose any candidate, to aid or campaign for any candidate, and to make personal campaign contributions.
In a recent decision, the Election Officer found that an unidentified individual(s) attempted to intimidate supporters of a candidate for International office by using a gun to shatter their car windshields. This is a serious violation of the Election Rules and will not be tolerated.
The Election Officer will not permit or condone any threats, intimidation or harassment of any IBT member for his/her participation in the International officer election. The Election Officer will not hesitate to impose the most severe sanctions against any person engaging in such threatening, intimidating or harassing activities.
Anyone subject to such conduct should immediately 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.